The Health and Personal Social Services (Assessment of Resources) (Amendment) Regulations (Northern Ireland) 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make further amendments to the Health and Personal Social Services (Assessment of Resources) Regulations (Northern Ireland) 1993 (“the principal Regulations”) which relate to the assessment of the resources of residents in accommodation arranged under Articles 15 and 36 of the Health and Personal Social Services (Northern Ireland) Order 1972.

Regulation 2 amends the principal Regulations so that the capital limit set out in regulation 20 becomes £23,000.

Regulation 3 amends the principal Regulations so that the capital limits set out in regulation 28(1) become £14,000 and £23,000.

Regulation 4(1)(c) provides for an increase to £5.65 where the resident does not have a partner or £8.45 where the resident has a partner in the amount of savings credit to be disregarded in calculating a resident’s income.

Regulation 4(1)(a) and (b), and regulation 4(2) amend paragraphs 10, 29 and 30 of Schedule 3 to the principal Regulations in order to reflect amendments made to the Income Support (General) Regulations (Northern Ireland) 1987 (S.R. 1987 No. 459) (“the Income Support Regulations”) by the Social Security (Miscellaneous Amendments No. 4) Regulations (Northern Ireland) 2006 (S.R. 2006 No. 359) (“the Social Security Regulations”), to provide that, as under the Income Support Regulations, certain charitable and voluntary payments of income are to be disregarded in full in the calculation of income other than earnings.

Regulations 5 amends Schedule 4 to the principal Regulations to reflect other amendments made to the Income Support Regulations by the Social Security Regulations. Regulation 5(a) creates, as under the Income Support Regulations, a disregard for any payment made in consequence of any personal injury to a claimant or his or her partner for a period of up to 52 weeks from the day of receipt of the first payment except where that payment is specifically intended to cover the cost of care. Regulation 5(b) enables awards of certain damages to be disregarded where those awards are held subject to the order or direction of the court.

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of the business.