The National Assistance (Sums for Personal Requirements and Assessment of Resources) Amendment (England) Regulations 2010

Other amendments to the Assessment Regulations

5.—(1) The Assessment Regulations are further amended in accordance with the following paragraphs.

(2) In regulation 2(1) (interpretation) after “prospective resident” insert—

““qualifying age” has the same meaning as in section 1(6) of the State Pension Credit Act 2002(1);

“relative” has the same meaning as in the Income Support Regulations;”(2).

(3) In Schedule 2 (sums to be disregarded in the calculation of earnings), in sub-paragraph (2) of paragraph 3—

(a) in paragraph (b), for “the age of 60” substitute “the qualifying age”; and

(b) in paragraph (c), for “the age of 60”, in each place where it occurs, substitute “the qualifying age”.

(4) In Schedule 3 (sums to be disregarded in the calculation of income other than earnings), in sub-paragraph (6) of paragraph 28H, omit paragraph (b).

(5) In Schedule 4 (capital to be disregarded), in paragraph 2(3), for sub-paragraphs (1) and (2) substitute—

“(1) The value of any premises—

(a) which would be disregarded under paragraph 2 or 4(b) of Schedule 10 to the Income Support Regulations (premises acquired for occupation, and premises occupied by a former partner); or

(b) occupied in whole or in part as their home by the resident’s—

(i) partner,

(ii) other family member or relative who is aged 60 or over or is incapacitated, or

(iii) child.”.

(1)

2002 c. 16.

(2)

A definition of “relative” in the same terms was inserted for Scotland only by S.S.I. 2009/381, regulation 2(1).

(3)

Paragraph 2 was substituted by S.I. 1993/964 and amended by S.I. 2009/462.