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Statutory Instruments

2018 No. 687

Social Care, England

The Care and Support (Charging and Assessment of Resources) (Amendment) Regulations 2018

Made

5th June 2018

Laid before Parliament

8th June 2018

Coming into force

9th July 2018

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 17(7), (11)(b) and (12)(b) and 125(7) of the Care Act 2014(1).

Citation and commencement

1.  These Regulations may be cited as the Care and Support (Charging and Assessment of Resources) (Amendment) Regulations 2018 and come into force on 9th July 2018.

Amendment of the Care and Support (Charging and Assessment of Resources) Regulations 2014

2.  In Part 2 of Schedule 2 to the Care and Support (Charging and Assessment of Resources) Regulations 2014(2) (capital to be disregarded), after paragraph 35 insert—

36.  Any payment which would be disregarded under paragraph 73 of Schedule 10 to the Income Support Regulations(3) (payments relating to disability caused by Thalidomide)..

Signed by authority of the Secretary of State for Health and Social Care.

Caroline Dinenage

Minister of State,

Department of Health and Social Care

5th June 2018

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Care and Support (Charging and Assessment of Resources) Regulations 2014 (S.I. 2014/2672).

Regulation 2 provides that payments, made under or by a trust established for the purpose of giving relief and assistance to disabled people whose disabilities were caused by the fact that during their pregnancy their mother had taken the drug known as Thalidomide, are to be ignored in the calculation of an adult’s capital for the purpose of an assessment of that adult’s financial resources.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

(2)

S.I. 2014/2672, to which there are amendments not relevant to these Regulations.

(3)

S.I. 1987/1967, paragraph 73 was inserted by S.I. 2017/870.