2006 No. 1051 (W.107)
NATIONAL ASSISTANCE SERVICES, WALES

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

Made
Coming into force
The National Assembly for Wales, in exercise of the powers conferred upon the Secretary of State by sections 22 (4) and (5) of the National Assistance Act 19481 and now vested in the National Assembly for Wales2 hereby makes the following Regulations.

Citation, commencement, interpretation and application1.

(1)

The name of these Regulations is The National Assistance (Assessment of Resources and Sums for Personal Requirements) (Amendment) (Wales) Regulations 2006.

(2)

These regulations come into force on 10 April 2006.

(3)

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

(4)

These Regulations apply in relation to Wales.

Sums needed for personal requirements2.

The sum which a local authority assumes a person to need for his or her personal requirements under section 22(4) of the National Assistance Act 19484 is £20.00 per week.

Revocation3.

The National Assistance (Sums for Personal Requirements) (Wales) Regulations 20055 are hereby revoked.

Amendment of regulation 2 of the Principal Regulations4.

In paragraph (1) of regulation 2 of the Principal Regulations (interpretation), in the definition of “liable relative”, for “or former spouse”, substitute, “former spouse, civil partner or former civil partner”.

Amendment of regulation 20A of the Principal Regulations5.

In paragraph (2) of regulation 20A of the Principal Regulations replace the figure “£21,000” with the figure “£21,500”.

Amendment of regulation 28A of the Principal Regulations6.

In paragraph (2) of regulation 28A of the Principal Regulations (calculation of tariff income from capital - Wales) —

(a)

replace the figure “£14,750” with the figure “£16,000” in both places where it appears; and

(b)

replace the figure “£21,000” with the figure “£21,500”.

Amendment of Schedule 3 to the Principal Regulations7.

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

(a)

In paragraph 10A6—

(i)

in sub-paragraphs (1)(a) and (3), after “spouse” insert “or civil partner”, and

(ii)

in sub-paragraph (1)(b), after “spouse’s maintenance” insert “or his civil partner for that civil partner’s maintenance”;

(b)

in paragraph 177—

(i)

for sub-paragraph(1)(a) substitute—

“(a)

pursuant to regulations made under section 2(6)(b) or 3 of the Adoption and Children Act 20028

(ii)

for sub-paragraph (2) substitute—

“(2)

Any payment other than a payment to which sub-paragraph (1)(a) applies, made to the resident pursuant to regulations made under section 2(6)(b) or 3 of the Adoption and Children Act 2002.”;

(c)

in paragraph 28H

(i)

in sub-paragraphs (1) and (2) replace the figure “£4.85” with the figure “£5.05” at each place where it appears; and

(ii)

in sub-paragraphs (3) and (4) replace the figure of “£7.20” with the figure “£7.50” at each place where it appears.

Amendment of Schedule 4 to the Principal Regulations8.

In Schedule 4 to the Principal Regulations (capital to be disregarded) for paragraph 24 substitute—

“24.

Any payment made to the resident pursuant to regulations made under section 2(6)(b) or 3 of the Adoption and Children Act 2002.”.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 19989.
D. Elis-Thomas
The Presiding Officer of the National Assembly
(This note is not part of the Regulations)

These Regulations set the weekly sum which local authorities are to assume, in the absence of special circumstances, that residents who are in accommodation arranged under Part 3 of the National Assistance Act 1948, will need for their personal requirements. From the 10th April 2006 all such residents will be assumed to need £20.00 per week.

Secondly, 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 accommodation arranged for him or her under Part 3 of the National Assistance Act 1948.

The amendments provide for civil partners to be treated in the same way as spouses and for adoption support payments under the Adoption and Children Act 2002, to be disregarded both as capital and income.

There are also annual increases to the capital limits and the disregard for those in receipt of pension credit.