The National Assistance (Assessment of Resources) (Amendment No. 2) Regulations 1994

This Statutory Instrument has been made partly to correct an error in S.I. 1994/825 and is being issued free of charge to all known recipients of that Statutory Instrument.

Statutory Instruments

1994 No. 2386

NATIONAL ASSISTANCE SERVICES

The National Assistance (Assessment of Resources) (Amendment No. 2) Regulations 1994

Made

9th September 1994

Laid before Parliament

12th September 1994

Coming into force

3rd October 1994

In exercise of the powers conferred by section 22(5) of the National Assistance Act 1948(1)(including that provision as applied by section 87(3) of the Social Work (Scotland) Act 1968(2)) and of all other powers enabling me in that behalf, I hereby make the following Regulations:—

Citation and commencement

1.  These Regulations may be cited as the National Assistance (Assessment of Resources) (Amendment No. 2) Regulations 1994 and shall come into force on 3rd October 1994.

Amendment of Schedule 3 to the National Assistance (Assessment of Resources) Regulations 1992

2.  At the end of Part I of Schedule 3 to the National Assistance (Assessment of Resources) Regulations 1992(3)(sums to be disregarded in the calculation of income other than earnings) there shall be substituted for the paragraph added by regulation 3 of the National Assistance (Assessment of Resources) (Amendment) Regulations 1994(4)the following paragraphs—

“28B.   Any payment which would be disregarded under paragraph 53 of Schedule 9 to the Income Support Regulations(5).

28C.   Any payment which would be disregarded under paragraphs 54 to 56 of Schedule 9 to the Income Support Regulations.”.

Revocation

3.  Regulation 3 of the National Assistance (Assessment of Resources) (Amendment) Regulations 1994 is hereby revoked.

Department of Health

Virginia Bottomley

One of Her Majesty’s Principal Secretaries of State

9th September 1994

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the National Assistance (Assessment of Resources) Regulations 1992 (S.I. 1992/2977) (“the principal Regulations”).

The principal Regulations are amended to provide a disregard in the calculation of income other than earnings of a resident of accommodation provided 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 in respect of certain payments to widows under the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983, the Personal Injuries (Civilians) Scheme 1983 and certain Dispensing Instruments (regulation 2).

These Regulations also amend the principal Regulations to correct an error in an earlier amending instrument (S.I. 1994/825) which resulted in two different paragraphs bearing the same number (regulation 2). As the error was not one of printing, a correction slip issued by HMSO was ineffective to correct it.

These Regulations do not impose a charge on businesses.

(1)

1948 c. 29; section 22(5) of the National Assistance Act 1948 was amended by section 39(1) of and paragraph 6 of Schedule 6 to the Ministry of Social Security Act 1966 (c. 20), by section 35(2) of and paragraph 3(b) of Schedule 7 to the Supplementary Benefits Act 1976 (c. 71), by section 20 of and paragraph 2 of Schedule 4 to the Social Security Act 1980 (c. 30), and by section 86 of and paragraph 32 of Schedule 10 to the Social Security Act 1986 (c. 50).

(2)

1968 c. 49; section 87 was amended by section 66(1) of and paragraph 10(13) of Schedule 9 to the National Health Service and Community Care Act 1990 (c. 19).

(3)

S.I. 1992/2977; the relevant amending instruments are S.I. 1993/2230 and S.I. 1994/825.

(4)

S.I. 1994/825.

(5)

S.I. 1987/1967 and the relevant amending instruments are S.I. 1994/527 and 2139.