2003 No. 969 (W.131)
NATIONAL ASSISTANCE SERVICES, WALES

The National Assistance (Residential Accommodation) (Disregarding of Resources) (Wales) Regulations 2003

Made
Coming into force
The National Assembly for Wales, in exercise of the powers conferred by section 21(2A) of the National Assistance Act 19481 hereby makes the following Regulations:—

Citation, commencement, interpretation and application1.

(1)

These Regulations may be cited as the National Assistance (Residential Accommodation) (Disregarding of Resources) (Wales) Regulations 2003 and will come into force on 1st April 2003.

(2)

In these Regulations—

“the 2001 Act” (“Deddf 2001”) means the Health and Social Care Act 20012;

“the Act” (“y Ddeddf”) means the National Assistance Act 1948; and

“the Assessment Regulations” (“y Rheoliadau Asesu”) means the National Assistance (Assessment of Resources) Regulations 19923.

(3)

These Regulations apply to Wales only

Disregarding of resources2.

(1)

In determining for the purposes of paragraph (a) or (aa) of subsectio(1) of section 21 of the Act whether care and attention are otherwise available to a person, a local authority must disregard so much of the person’s capital as does not exceed the capital limit.

(2)

For the purposes of paragraph (1) of this regulation, subject to paragraph (3)—

(a)

A person’s capital shall be calculated in accordance with the Assessment Regulations in the same way as if he or she were a person for whom accommodation is proposed to be provided as mentioned in subsection (3) of section 22 of the Act and whose ability to pay for the accommodation falls to be assessed for the purposes of that subsection; and

(b)

“the capital limit” means the amount for the time being prescribed in relation to Wales in the Assessment Regulations as the amount which a resident’s capital (calculated in accordance with those Regulations) must not exceed if he or she is to be assessed as unable to pay for his or her accommodation at the standard rate4.

(3)

In a case where the local authority has entered or has agreed to enter into a deferred payment agreement (as provided for in section 55 of the 2001 Act), the local authority must when making the calculation specified in paragraph (2)(a) of this regulation, give effect to paragraph 1A of Schedule 4 to the Assessment Regulations, as if that paragraph read as follows—

“1A.

In the case of a resident who becomes a permanent resident on or after 7th April 2003 the value of any dwelling which he or she would otherwise normally occupy as his or her only or main residence.”.

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 is not part of the Regulations)

The Health and Social Care Act 2001 (c. 15) amended section 21 of the National Assistance Act 1948 (c. 29) by substituting subsections (2A) and (2B). Section 21 provides for residential accommodation arranged by local authorities for expectant and nursing mothers and other persons 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. The new subsections provide that regulations may specify or provide for the determination of a person’s resources which the local authority shall disregard when deciding for the purposes of section 21(1)(a) or (aa) whether or not the person needs care and attention which is not otherwise available to him or her.

These regulations make provision as to the resources which are to be disregarded for those purposes. Subject to one exception, a person’s capital up to the capital limit as specified in the National Assistance (Assessment of Resources) Regulations 1992 is to be disregarded. In the excepted case, when the person is someone with whom the local authority have agreed to enter into a deferred payment agreement, the local authority shall also disregard the value of that person’s main or only home.