2001 No. 276 (W. 12)
NATIONAL ASSISTANCE SERVICES, WALES

The National Assistance (Assessment of Resources) (Amendment) (Wales) Regulations 2001

Made
Coming into force
The National Assembly for Wales makes the following Regulations in exercise of the powers conferred upon the Secretary of State by section 22(5) of the National Assistance Act 19481) and now vested in the National Assembly for Wales2):

Citation, commencement, interpretation and application1.

(1)

These Regulations may be cited as the National Assistance (Assessment of Resources) (Amendment) (Wales) Regulations 2001 and shall come into force on 1st February 2001.

(2)

In these Regulations “the principal Regulations” (“y prif Reoliadau”) means the National Assistance (Assessment of Resources) Regulations 19923).

(3)

These Regulations shall apply to Wales only.

Amendment of Schedule 4 to the principal Regulations2.

At the end of Schedule 4 to the principal Regulations (capital to be disregarded) there shall be added the following paragraph —

“20.

Any amount which would be disregarded under paragraph 61 of Schedule 10 to the Income Support Regulations (ex-gratia payment made by the Secretary of State in consequence of a person’s imprisonment or internment by the Japanese during the Second World War)4.”.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 19985
D.Elis Thomas
The Presiding Officer of the National Assembly
(This note does not form part of the Regulations)

These Regulations make further amendments to the National Assistance (Assessment of Resources) Regulations 1992 (“the principal Regulations”).

The principal Regulations concern the assessment of the ability of a person (“the resident”) to pay for accommodation arranged by local authorities under Part III of the National Assistance Act 1948. Part III accommodation is arranged for persons aged 18 or over who by reason of age, illness, disability or any other circumstances, are in need of care and attention which is not otherwise available to them, and for expectant and nursing mothers in similar need.

The principal Regulations provide that no resident shall be assessed as unable to pay for Part III accommodation at the standard rate if that resident’s capital, calculated in accordance with the principal Regulations, exceeds £16,000.

These Regulations amend the principal Regulations so that an ex-gratia payment of £10,000 made by the Department of Social Security on or after 1st February 2001 is disregarded, for the purpose of assessing a resident’s capital, where such payment is made in consequence of the imprisonment or internment by the Japanese during the Second World War of —

(a)

the resident;

(b)

the resident’s partner;

(c)

the resident’s deceased spouse; or

(d)

the resident’s partner’s deceased spouse.