The National Assistance (Assessment of Resources) (Amendment) (Wales) Regulations 2005
Citation, commencement, interpretation and application1.
(1)
These Regulations may be cited as the National Assistance (Assessment of Resources)(Amendment) (Wales) Regulations 2005 and come into force on 11 April 2005.
(2)
(3)
These Regulations apply to Wales only.
Amendment of the Principal Regulations — Capital Limits2.
(1)
The Principal Regulations are amended in accordance with the following paragraphs of this regulation.
(2)
Regulation 20 (Capital limit) is revoked in relation to Wales.
(3)
“Capital limit — Wales20A.
(1)
This regulation applies in relation to Wales.
(2)
No resident shall be assessed as unable to pay for his accommodation at the standard rate if his capital, calculated in accordance with regulation 21, exceeds £21,000.”.
(4)
Regulation 28 (Calculation of tariff income from capital) is revoked in relation to Wales.
(5)
“Calculation of tariff income from capital — Wales28A.
(1)
This regulation applies in relation to Wales.
(2)
Where a resident’s capital calculated in accordance with this part exceeds £14,750 it shall be treated as equivalent to a weekly income of £1 for each £250 in excess of £14,750 up to the limit of £21,000 (the Capital limit).
(3)
Where any part of the excess is not a complete £250 that part shall nevertheless be treated as equivalent to a weekly income of £1.
(4)
For the purposes of paragraph (2) capital includes any income treated as capital under regulations 22 and 34 (income treated as capital and liable relative payments) respectively.
(5)
For the purposes of paragraph (2), where a resident makes additional payments as provided for in regulation 4(2)(b) of the National Assistance (Residential Accommodation) (Additional Payments Relevant Contributions and Assessment of Resources) (Amendment) (Wales) Regulations 20034 (additional payments from capital not exceeding the lower capital limit), the resident is to be treated as possessing capital equivalent to the amount of any additional payments.”.
Amendment to Schedule 3 of the Principal Regulations — Sums disregarded in the calculation of income other than earnings3.
(1)
In paragraph 28H of Schedule 3 to the Principal Regulations—
(a)
replace the figure “£4.75” with the figure “£4.85” at each place where it appears;
(b)
in sub-paragraphs (3) and (4), replace the figure “£6.95” with the figure “£7.20” at each place where it appears.
(2)
“28K.
Any payment made pursuant to section 14F of the Children Act 19895 (Special Guardianship Support Services) to a resident who is special guardian or a prospective special guardian.”.
Amendments to Schedule 4 of the Principal Regulations — Sums disregarded in the calculation of capital4.
“27.
Any payment made pursuant to section 14F of the Children Act 1989 (Special Guardianship Support Services) to a resident who is special guardian or a prospective special guardian.”.
These Regulations make further amendments to the National Assistance (Assessment of Resources) Regulations 1992 (“the Principal Regulations”).
The Principal Regulations determine the way that local authorities assess the ability of a person to pay for the accommodation which local authorities arrange under Part 3 of the National Assistance Act 1948.
Regulation 2 increases the capital limits in the Principal Regulations. The upper capital limit sets the amount of capital above which a resident is not eligible for local authority support. The lower capital limit sets the amount below which a resident is not required to contribute to his or her accommodation from capital.
Regulation 3 makes amendments to Schedule 3 of the Principal Regulations which sets out certain sources of income which local authorities must disregard. The levels of savings credit disregard are raised from £4.75 to £4.85 in the case of a single person and from £6.95 to £7.20 in the case of a resident with a partner. There is a new disregard for payments made under the arrangements to support “special guardians” under section 14F of the Children Act 1989.
Regulation 4 amends Schedule 4 of the Principal Regulations so that payments made to “special guardians” are also disregarded as capital.