The National Assistance (Residential Accommodation)(Additional Payments, Relevant Contributions and Assessment of Resources)(Wales) Regulations 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision in relation to residential accommodation provided under Part 3 of the National Assistance Act 1948 for expectant and nursing mothers, or persons aged 18 or over who by reason of age, illness, disability or other circumstances are in need of care and attention which is not otherwise available to them.

Regulations 3 and 4 provide for additional payments to be made so that a person who has been assessed as needing such accommodation can choose to live in accommodation which is more expensive than the local authority would usually pay for someone with that person’s assessed needs. The additional payments may be made by a third party, including a liable relative (as set out in section 42 of the National Assistance Act 1948). In certain circumstances, that is during the initial 12 week period when the value of the property is disregarded, or where there is a deferred payment agreement between the resident and the local authority, the resident may also contribute any or all of the additional payments. Such payments by a resident are to be made from resources specified in regulation 4(2). A person benefiting from the period of 12 weeks when the value of property is disregarded can, during that period, make additional payments from other capital including capital which falls below the lower capital limit. A person who has entered into or agreed to enter into a deferred payments agreement can make additional payments which can be set off against the charge on their property both during the 12 week period and thereafter.

Regulation 5 provides for consequential amendments to the National Assistance (Assessment of Resources) Regulations 1992 to enable additional payments made by a resident from any of the specified resources to be taken into account under the 1992 Regulations. It also makes a consequential amendment to the provision relating to tariff income in the 1992 Regulations, so that the additional payments are taken into account in the calculation of the resident’s capital.

Regulation 6 sets out how relevant contributions are determined for the purposes of a deferred payment agreement under section 55 of the Health and Social Care Act 2001. Such agreements enable a resident to defer payment of assessed contributions towards the cost of his or her accommodation in return for the granting of a charge in favour of the local authority on his or her home.