The National Assistance (Assessment of Resources and Sums for Personal Requirements) (Amendment) (Wales) Regulations 2011

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which apply in relation to Wales amend the National Assistance (Assessment of Resources and Sums for Personal Requirements) (Amendment) (Wales) Regulations 2010 (“the Personal Requirements Regulations”) and the National Assistance (Assessment of Resources) Regulations 1992 (“the Principal Regulations”). They come into force on 11 April 2011.

Regulation 2 amends the sum needed for personal requirements so that the weekly sum that local authorities in Wales are to assume, in the absence of special requirements, that residents in accommodation arranged under Part 3 of the National Assistance Act 1948 will need for their personal requirements is increased to £23.00 per week.

Regulation 3 revokes part of the Personal Requirements Regulations.

Regulation 4 amends the Principal Regulations so that the capital limit set out in regulation 20A becomes £22,500 and makes clear that a resident may not be required to pay for, or contribute to the cost of, accommodation from capital where it falls below this amount.

Regulation 5 amends paragraphs 10, 30 and 31 of Schedule 3 to the Principal Regulations to provide that certain charitable and voluntary payments of income are to be disregarded in full in the calculation of income other than earnings. These amendments reflect amendments made to the Income Support (General) Regulations 1987 (S.I. 1987/1967) (“the Income Support Regulations”). Regulation 6 amends Schedule 4 to the Principal Regulations to reflect amendments made to the Income Support Regulations dealing with funds to be disregarded when calculating a resident’s capital. Regulation 6(a) creates a disregard for any payment made in consequence of any personal injury to a resident for a period of up to 52 weeks from the day of receipt of the first payment except where that payment is specifically intended to cover the cost of care. Regulation 6(b) enables certain awards of damages to be disregarded where those awards are held subject to the order or direction of the court.