2008 No. 743 (W.78)

NATIONAL ASSISTANCE SERVICES, WALES

The National Assistance (Assessment of Resources and Sums for Personal Requirements) (Amendment) (Wales) Regulations 2008

Made

Laid before the National Assembly for Wales

Coming into force

The Welsh Ministers, in exercise of the powers conferred upon the Secretary of State by sections 22(4) and (5) of the National Assistance Act 19481 and now vested in them 2 hereby make the following regulations.

Title, commencement, interpretation and application1

1

The title of these Regulations is The National Assistance (Assessment of Resources and Sums for Personal Requirements) (Amendment) (Wales) Regulations 2008.

2

These Regulations come into force on 7 April 2008.

3

In these Regulations, “the Principal Regulations” (“y Prif Reoliadau”) means the National Assistance (Assessment of Resources) Regulations 19923.

4

These Regulations apply in relation to Wales.

Sums needed for personal requirements2

The sum which a local authority assumes a person to need for his or her personal requirements under section 22(4) of the National Assistance Act 19484 is £21.38 per week.

Revocation3

Regulations 2, 3, 4, 5 and 6(2) of the National Assistance (Assessment of Resources and Sums for Personal Requirements) (Amendment) (Wales) Regulations 20075 are hereby revoked.

Amendment of regulation 28A of the Principal Regulations4

In paragraph (2) of regulation 28A of the Principal Regulations (Calculation of tariff income from capital — Wales) replace the figure “£17,250” with the figure “£19,000” in both places where it appears.

Amendment of Schedule 3 to the Principal Regulations5

In paragraph 28H—

a

in sub-paragraphs (1) and (2) replace the figure “£5.25” with the figure “£5.45” at each place where it appears; and

b

in sub-paragraphs (3) and (4) replace the figure of “£7.85” with the figure “£8.15” in each place where it appears.

Gwenda ThomasUnder authority of the Minister for Health and Social Services, one of the Welsh Ministers

(This note is not part of the Regulations)

These Regulations set the weekly sum which local authorities are to assume, in the absence of special circumstances, that residents who are in accommodation arranged under Part 3 of the National Assistance Act 1948 (“the Act”), will need for their personal requirements. From 7 April 2008 all such residents will be assumed to need £21.38 per week.

Secondly, these Regulations make further amendments to the National Assistance (Assessment of Resources) Regulations 1992 (“the Principal Regulations”).

The Principal Regulations determine the way that local authorities assess the ability of a person to pay for accommodation arranged for him or her under the Act.

The amendments provide for an increase in the lower capital limit and an increase in the amount of savings credit to be disregarded.