The National Assistance (Sums for Personal Requirements) Regulations 1993

• Citation: S.I. 1993/462
• Sections: 4

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the National Assistance (Sums for Personal Requirements) Regulations 1993 and shall come into force on 1st April 1993.

(2) In these Regulations, unless the context otherwise requires—

“ the Act ” means the National Assistance Act 1948;

“the Contributions and Benefits Act ” means the Social Security Contributions and Benefits Act 1992 ;

“1914—18 War Injuries Scheme” has the same meaning as in the Social Security (Overlapping Benefits) Regulations 1979 ;

“temporary resident” has the same meaning as in the National Assistance (Assessment of Resources) Regulations 1992 ;

“Personal Injuries Scheme” and “Service Pensions Instrument” have the same meanings as in the Social Security (Overlapping Benefits) Regulations 1979 ;

“temporarily absent” means absent for—

a period spent in hospital of 52 weeks or less; or

any other period of 13 weeks or less.

Section 2 Sums needed for personal requirements from 1st to 11th April 1993 inclusive

(1) Subject to paragraph (2), from 1st April 1993 until 11th April 1993 (both dates inclusive) the sum which under section 22(4) of the Act a local authority shall assume that a person will need for his personal requirements shall be £12.20 per week.

(2) Where a person immediately before these Regulations come into force is in, or temporarily absent from, accommodation provided under Part III of the Act other than that provided under section 29(4)(c) of the Act (provision of hostels where persons for whom welfare services are provided may live), from 1st April 1993 until 11th April 1993 (both dates inclusive) the sum which under section 22(4) of the Act a local authority shall assume that such a person will need for his personal requirements shall be £10.85 per week, except that in the case of any such person to whom there is payable—

(a) an attendance allowance by virtue of any entitlement thereto under section 64 of the Contributions and Benefits Act;

(b) a constant attendance allowance under any Personal Injuries Scheme, Service Pensions Instrument or any 1914—18 War Injuries Scheme; or

(c) the care component of a disability living allowance by virtue of any entitlement thereto under section 72 of the Contributions and Benefits Act,

that sum shall be increased by the amount per week which is payable in respect of that allowance.

Section 3 Sums needed for personal requirements from 12th April 1993

(1) Subject to paragraph (2), from 12th April 1993 the sum which under section 22(4) of the Act a local authority shall assume that a person will need for his personal requirements shall be £12.65 per week.

(2) Paragraph (1) shall not apply to a person who—

(a) on 11th April 1993 is in, or temporarily absent from, accommodation provided under Part III of the Act other than that provided under section 29(4)(c) of the Act; and

(b) was in, or temporarily absent from, such accommodation immediately before these Regulations come into force.

(3) From 12th April 1993 the sum which under section 22(4) of the Act a local authority shall assume that a person to whom paragraph (2) applies will need for his personal requirements shall be £12.65 per week, except that in the case of any such person to whom there is payable—

(a) an attendance allowance by virtue of any entitlement thereto under section 64 of the Contributions and Benefits Act;

(b) a constant attendance allowance under any Personal Injuries Scheme, Service Pensions Instrument or any 1914—18 War Injuries Scheme; or

(c) the care component of a disability living allowance by virtue of any entitlement thereto under section 72 of the Contributions and Benefits Act,

that sum shall be increased by the amount per week which is payable in respect of that allowance, unless that amount is disregarded in any assessment of that person’s income by virtue of regulation 15(2) of, and paragraph 6 of Schedule 3 to, the National Assistance (Assessment of Resources) Regulations 1992.

Section 4 Revocation

Regulation 3 of the National Assistance (Charges for Accommodation) Regulations 1992 (sum needed for personal requirements) and regulation 4 of the National Assistance (Charges for Accommodation) (Scotland) Regulations 1992 (sum needed for personal requirements) are hereby revoked.