2006 No. 674

NATIONAL ASSISTANCE SERVICES, ENGLAND

The National Assistance (Sums for Personal Requirements and Assessment of Resources) (Amendment) (England) Regulations 2006

Made

Laid before Parliament

Coming into force

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 22(4) of the National Assistance Act 19481 and now vested in her2 and by section 22(5) of that Act:

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 2006 and shall come into force on 10th April 2006.

2

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

3

These Regulations apply in relation to England only.

Amendment of regulation 2 of the National Assistance (Sums for Personal Requirements) (England) Regulations 20032

In regulation 2 (sum needed for personal requirements) of the National Assistance (Sums for Personal Requirements) (England) Regulations 20034, for “£18.80” substitute “£19.60”.

Amendment of regulation 20 of the Assessment Regulations3

In regulation 20 (capital limit) of the Assessment Regulations, for “£20,500” substitute “£21,000”.

Amendment of regulation 28 of the Assessment Regulations4

In regulation 28(1) (calculation of tariff income from capital) of the Assessment Regulations—

a

for “£12,500”, in both places where it occurs, substitute “£12,750”; and

b

for “£20,500” substitute “£21,000”.

Amendment of Schedule 3 to the Assessment Regulations5

In Schedule 3 to the Assessment Regulations (sums to be disregarded in the calculation of income other than earnings)—

a

for paragraph 28A substitute—

1

Any child benefit, except in circumstances where a resident is accompanied by the child or qualifying young person in respect of whom the child benefit is payable and accommodation is provided for that child or qualifying young person under Part 3 of the Act.

2

In this paragraph, “child” and “qualifying young person” have the same meaning as in section 142 of the Contributions and Benefits Act.

b

in paragraph 28H—

i

in sub-paragraphs (1) and (2), for “£4.85”, in each place where it occurs, substitute “£5.05”; and

ii

in sub-paragraphs (3) and (4), for “£7.20”, in each place where it occurs, substitute “£7.50”.

Signed by authority of the Secretary of State

Liam ByrneParliamentary Under Secretary of State,Department of Health

(This note is not part of the Regulations)

These Regulations, which apply in relation to England only, amend the National Assistance (Sums for Personal Requirements) (England) Regulations 2003 (“the Personal Requirements Regulations”) and the National Assistance (Assessment of Resources) Regulations 1992 (“the Assessment Regulations”).

Regulation 2 amends the Personal Requirements Regulations 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 National Assistance Act 1948 (“the 1948 Act”) will need for their personal requirements is £19.60.

Regulations 3 to 5 amend the Assessment Regulations which 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 1948 Act.

Regulation 3 amends the Assessment Regulations so that the capital limit set out in regulation 20 becomes £21,000.

Regulation 4 amends the Assessment Regulations so that the capital limits set out in regulation 28(1) become £12,750 and £21,000.

Regulation 5 amends paragraph 28A of Schedule 3 to the Assessment Regulations which provides for child benefit to be disregarded in the calculation of income, except in certain specified circumstances. The amendment adds references to “qualifying young person” in order to reflect the amendment to the Social Security Contributions and Benefits Act 1992 which provides that child benefit is now payable in respect of both children and certain young persons.

Regulation 5 also provides for an increase to £5.05 (£7.50 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 £5.05 (£7.50 if a resident has a partner) in the amount to be disregarded if a resident has qualifying income that exceeds the standard minimum guarantee.

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