The National Assistance (Sums for Personal Requirements and Assessment of Resources) (Amendment) (England) Regulations 2005
Citation, commencement, interpretation and application1.
(1)
These Regulations may be cited as the National Assistance (Sums for Personal Requirements and Assessment of Resources) (Amendment) (England) Regulations 2005 and shall come into force on 11th April 2005.
(2)
(3)
These Regulations apply in relation to England only.
Amendment of regulation 2 of the National Assistance (Sums for Personal Requirements) (England) Regulations 20032.
Amendment of regulation 20 of the Assessment Regulations3.
In regulation 20 (capital limit) of the Assessment Regulations, for the amount “£20,000” substitute the amount “£20,500”.
Amendment of regulation 28(1) of the Assessment Regulations4.
In regulation 28(1) (calculation of tariff income from capital) of the Assessment Regulations—
(a)
for the amount “£12,250” (both times it appears) substitute the amount “£12,500”; and
(b)
for the amount “£20,000” substitute the amount “£20,500”.
Amendment of Schedule 3 to the Assessment Regulations5.
(1)
In Schedule 3 to the Assessment Regulations (sums to be disregarded in the calculation of income other than earnings)—
(a)
in paragraph 28H—
(i)
in sub-paragraphs (1) and (2), for the amount “£4.65” (each time it appears) substitute the amount “£4.85”; and
(ii)
in sub-paragraphs (3) and (4), for the amount “£6.95” (each time it appears) substitute the amount “£7.20”;
(b)
“28K.
Any payment made in accordance with regulations made pursuant to section 14F of the Children Act 19895 (special guardian support services) to a resident who is a prospective special guardian or a special guardian.”.
Amendment of Schedule 4 to the Assessment Regulations6.
“27.
Any payment made in accordance with regulations made pursuant to section 14F of the Children Act 1989 (special guardian support services) to a resident who is a prospective special guardian or a special guardian.”.
Revocation7.
Signed by authority of the Secretary of State for Health
These Regulations, which apply in relation to England only, further amend the National Assistance (Assessment of Resources) Regulations 1992 (“the Assessment Regulations”). The Assessment Regulations concern the assessment of the ability of a person to pay for residential accommodation that is provided, or proposed to be provided, to him by a local authority under Part 3 of the National Assistance Act 1948 (“the 1948 Act”).
Regulation 2 amends the National Assistance (Sums for Personal Requirements) (England) Regulations 2003 so that the weekly sum which local authorities in England are to assume, in the absence of special requirements, that residents in accommodation arranged under Part 3 of the 1948 Act will need for their personal requirements is £18.80.
Regulation 3 amends the Assessment Regulations so that the capital limit set out in regulation 20 becomes £20,500.
Regulation 4 amends the Assessment Regulations so that the capital limits set out in regulation 28(1) become £12,500 and £20,500.
Regulation 5 provides for an increase of up to £4.85 (up to £7.20 if a resident has a partner) in the amount of any savings credit to be disregarded where a resident has qualifying income not exceeding the standard minimum guarantee, and for an increase to £4.85 (£7.20 if a resident has a partner) in the amount to be disregarded if a resident has qualifying income that exceeds the standard minimum guarantee. It also provides for payments made under section 14F of the Children Act 1989 to support a resident who is a prospective special guardian or a special guardian to be disregarded as income. Regulation 6 makes provision for such payments to be disregarded as capital.
Regulation 7 revokes the National Assistance (Sums for Personal Requirements and Assessment of Resources) (Amendment) (England) Regulations 2004 and the National Assistance (Assessment of Resources) (Amendment) (No.2) (England) Regulations 2004.
A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.