The National Assistance (Assessment of Resources) (Amendment) (Wales) Regulations 2003

Amendment of Schedule 4 to the principal Regulations

8.—(1) In Schedule 4 to the principal Regulations (capital to be disregarded) after paragraph 2, add the following paragraph—

“2A.   Where a resident has ceased to occupy a dwelling, which was formerly occupied as the home, following his estrangement or divorce from his former partner, the value of the resident’s interest in that dwelling where it is still occupied as the home by the former partner who is a lone parent.”.

(2) In paragraph 6 of Schedule 4 to the principal Regulations—

(a) after the words “(arrears of specified payments)” insert the words “as in force immediately before the 7th April 2003”; and

(b) for “, 9 or 9A” substitute “or 9”.

(3)  In schedule 4 to the principal Regulations, after paragraph 6, add the following paragraph—

“6A.   Any arrears of, or any concessionary payment made to compensate for arrears due to the non-payment of —

(a) working families tax credit under section 128 of the Contributions and Benefits Act(1)

(b) disabled person’s tax credit under section 129 of the Contributions and Benefits Act(2)

(c) child tax credit, or

(d) working tax credit,

but only for a period of 52 weeks from the date of the receipt of the arrears or of the concessionary payment.”.

(4) In Schedule 4 to the principal regulations after paragraph 21, add the following paragraphs—

“22.   Any payment made by a local authority to or on behalf of the resident relating to welfare services in respect of which the National Assembly for Wales has paid a grant to the local authority under section 93(2) of the Local Government Act 2000, where the resident qualified for the payment.

23.   Any payment made under the Community Care (Direct Payments) Act 1996(3) or under regulations made under section 57 of the Health and Social Care Act 2001(4) except where that payment is paid in relation to the provision of residential accommodation under the Act.

24.   Any payment made under section 17A of the Children Act 1989(5) except where that payment is paid in relation to the provision of residential accommodation under the Act.”.

(1)

1992 c. 4 See section 128 as amended by the Jobseekers Act 1995 c. 18 and the Tax Credits Act 1999 c. 10.

(2)

See section 129 as amended by the Local Government Finance Act 1992 c. 14, the Social Security (Incapacity for Work) Act 1994 c. 18, the Jobseekers Act 1995 c. 18, the Tax Credits Act 1999 c. 10 and the Welfare Reform and Pensions Act 1999 c. 30.

(3)

1996 c. 30.

(4)

2001 c. 15.

(5)

1989 c. 41.