The National Assistance (Assessment of Resources) (Amendment No.2) Regulations 1993

Made9th September 1993

Laid before Parliament10th September 1993

Coming into force4th October 1993

In exercise of the powers conferred on me by section 22(5) of the National Assistance Act 19481, and of all other powers enabling me in that behalf, I hereby make the following Regulations:–

Citation, commencement and interpretation1

1

These Regulations may be cited as the National Assistance (Assessment of Resources) (Amendment No.2) Regulations 1993 and shall come into force on 4th October 1993.

2

In these Regulations “the principal Regulations” means the National Assistance (Assessment of Resources) Regulations 19922.

Amendment of regulation 2 of the principal Regulations2

In paragraph (1) of regulation 2 of the principal Regulations (interpretation)–

a

before the definition of “child support maintenance”3 there shall be inserted:

“child benefit” means child benefit under the Contributions and Benefits Act4;

b

after the definition of “dwelling” there shall be inserted:

“Eileen Trust” has the same meaning as in the Income Support Regulations5;

Amendment of regulation 12 of the principal Regulations3

In paragraph (1) of regulation 12 of the principal Regulations (weekly amount of net profit of self-employed earners)–

a

in sub-paragraph (a) for the words “52 weeks” there shall be substituted the words “one year”; and

b

in sub-paragraph (b) the words “of weeks” shall be omitted.

Amendment of regulation 22 of the principal Regulations4

1

In paragraph (4) of regulation 22 of the principal Regulations (income treated as capital), for the words “paragraph 1, 2, 5, 10 or 16 of” there shall be substituted the words “paragraph 1, 2, 5, 10, 16 or 18 of”.

2

In paragraph (7) of regulation 22 of the principal Regulations6 (income treated as capital), after the words “the Fund,” there shall be inserted the words “the Eileen Trust,”.

Amendment of Schedule 2 to the principal Regulations5

In sub-paragraph (2) of paragraph 3 of Schedule 2 to the principal Regulations7 (residents who qualify for the higher disregard in the calculation of earnings)–

a

in paragraph (a), after the word “receives” there shall be inserted the words “an invalid care allowance or receives”; and

b

in head (i) of paragraph (b), the words “an invalid care allowance” shall be omitted.

Amendment of Schedule 3 to the principal Regulations6

1

In paragraph 11 of Schedule 3 to the principal Regulations (amount of a certain war and other similar pensions to be disregarded), after the words “of this Schedule” there shall be added the words “and as if the reference in paragraph 16(a) of Schedule 9 to the Income Support Regulations8 to paragraphs 8 or 9 of Schedule 9 to the Income Support Regulations were a reference to paragraphs 5 or 6 of this Schedule”.

2

In sub-paragraph (2) of paragraph 14 of Schedule 3 to the principal Regulations (income derived from disregarded capital), for the words “paragraph 2 or 16” there shall be substituted the words “paragraph 2, 16 or 18”.

3

In paragraph 27 of Schedule 3 to the principal Regulations (housing costs of a temporary resident to be disregarded), the words “, which are” shall be omitted.

4

In Part I of Schedule 3 to the principal Regulations, after paragraph 28 there shall be inserted the following paragraph–

28A
Any child benefit, except in circumstances where a resident is accompanied by the child in respect of whom the child benefit is payable and accommodation is provided for that child under Part III of the Act9.

Revocation7

Paragraph (3) of regulation 8 of the National Assistance (Assessment of Resources) (Amendment) Regulations10 is hereby revoked.

Virginia BottomleyOne of Her Majesty’s Principal Secretaries of StateDepartment of Health9th September 1993

(This note is not part of the Regulations)

These Regulations make further amendments to the National Assistance (Assessment of Resources) Regulations 1992 (“the principal Regulations”) which relate to the assessment by local authorities of the resources of residents in accommodation arranged under Part III of the National Assistance Act 1948, the Social Work (Scotland) Act 1968 or section 7 of the Mental Health (Scotland) Act 1984.

Regulation 2 introduces two new definitions into the interpretation provision in the principal Regulations.

Regulation 3 makes minor amendments in relation to the periods by reference to which a resident’s average weekly income from employment as a self-employed earner are to be determined.

Regulation 4 makes amendments to regulation 22 of the principal Regulations. Income derived from certain premises occupied by a third party is no longer to be treated as capital (regulation 4(1)), and irregular payments made or due to be made by a new charitable trust known as the Eileen Trust are also not to be treated as capital (regulation 4(2)).

Regulation 5 amends paragraph 3 of Schedule 2 to t he principal Regulations so that all residents who receive invalid care allowance qualify for the higher disregard in any calculation of their earnings. There is a consequential revocation (regulation 7).

Regulation 6 makes various amendments to Schedule 3 of the principal Regulations which deals with disregards of income. The amendments relate to the amount of certain war and other similar pensions to be disregarded (regulation 6(1)); income derived from certain premises occupied by a third party (regulation 6(2)); housing costs of a temporary resident (regulation 6(3)); and child benefit paid to a resident (regulation 6(4)).