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

Interpretation

2.  In these Regulations—

“the 2001 Act” (“Deddf 2001”) means the Health and Social Care Act 2001;

“the Act” (“y Ddeddf”) means the National Assistance Act 1948(1);

“the Assessment Regulations” (“y Rheoliadau Asesu”) means the National Assistance (Assessment of Resources) Regulations 1992(2);

“the Directions” (“y Cyfarwyddiadau”) means the National Assistance Act 1948 (Choice of Accommodation) Directions 1993(3);

“lower capital limit” (“terfyn cyfalaf isaf”) means the lower of the two capital amounts specified in regulation 28 of the Assessment Regulations;

“preferred accommodation” (“llety dewisol”) means accommodation at the place of the resident’s choice within England and Wales as indicated by the resident, in accordance with paragraph 2 of the Directions;

“relevant preferred accommodation” (“llety dewisol perthnasol”) means preferred accommodation which meets the conditions in paragraph 3(a), (c) and (d) of the Directions, but where the cost of providing the resident with that preferred accommodation would require the local authority to pay more than that authority would usually expect to pay in order to provide Part 3 accommodation suitable for a person with the assessed needs of that resident;

“relevant resident” (“preswylydd perthnasol”) means a resident—

(a)

to whom paragraph 1A of Schedule 4 to the Assessment Regulations (capital to be disregarded in first twelve weeks) applies during the period of its application, or

(b)

who has entered into or who has agreed to enter into a deferred payment agreement with the local authority, as provided for in section 55 of the 2001 Act; and

“resident” (“preswylydd”) means a person whom the local authority have assessed under section 47 of the National Health Service and Community Care Act 1990(4) as needing accommodation pursuant to section 21 of the Act (whether or not that person has as yet actually taken up residence in such accommodation).

(2) In these Regulations, unless the context otherwise requires, a reference—

(a) to a numbered regulation is to the regulation in these Regulations bearing that number; and

(b) in a regulation to a numbered paragraph is to the paragraph in that regulation bearing that number.

(1)

1948 c. 29.

(2)

S.I. 1992/2977; S.I. 1992/2977 has been amended by S.I. 1993/964; S.I. 1993/2230; S.I. 1994/825; S.I. 1994/2386; S.I. 1995/858; S.I. 1995/3054; S.I. 1996/602; S.I. 1997/485; S.I. 1998/497; S.I. 1998/1730 in relation to England and Wales and by S.I. 2001/276(W.12); S.I. 2001/1409(W.95) and S.I. 2002/814(W.94) in relation to Wales.

(3)

The Directions dated 21 January 1993 were issued by the Welsh Office together with Welsh Office Circular 12/93

(4)

1990 c. 19.