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

Additional Payments

4.—(1) A local authority must provide a resident with relevant preferred accommodation in the following circumstances;

(a) if a third party agrees to make the additional payments(1); or

(b) in the case of a relevant resident, if the additional payments will be made by one or both of the following persons;

(i) a third party,

(ii) the resident himself or herself, from any resource or combination of resources specified in paragraph (2)

and each person can reasonably be expected to make those additional payments for the duration of the arrangements.

(2) The resources referred to in paragraph (1)(b)(ii) are—

(a) in the case of all relevant residents, any income or capital disregarded under Schedule 2, 3 or 4 to the Assessment Regulations except capital disregarded under paragraph 1A of Schedule 4; and

(b) in the case of a resident who is a relevant resident by virtue of paragraph (a) of the definition of that term in regulation 2(1) (whether or not the person also comes within the definition in (b)), capital other than that included in Schedule 4 to the Assessment Regulations and including capital below the lower capital limit; and,

(c) in the case of a resident who is a relevant resident by virtue of paragraph (b) of the definition, (whether or not the resident is also within the definition of paragraph (a)), any capital exceeding the lower capital limit, which may include the value of the resident’s property which he occupies or formerly occupied as his only or main home, provided that if any additional payments are to be made from the value of that property they will form part of the relevant contributions under the deferred payments agreement.

(1)

For “additional payments” see section 54(2) of the Health and Social Care Act 2001.