The National Assistance (Assessment of Resources) (Amendment) Regulations 1993

• Citation: S.I. 1993/964
• Sections: 9

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the National Assistance (Assessment of Resources) (Amendment) Regulations 1993 and shall come into force on 22nd April 1993.

(2) In these Regulations, unless the context otherwise requires, “the principal Regulations ” means the National Assistance (Assessment of Resources) Regulations 1992 .

Section 2 Amendment of regulation 2 of the principal Regulations

In paragraph (1) of regulation 2 of the principal Regulations (interpretation)—

(a) after the definition of “attendance allowance”, there shall be inserted:

“child support maintenance” shall be construed in accordance with section 3(6) of the Child Support Act 1991 ;

(b) for the definition of “the Independent Living Fund” there shall be substituted:

“the Independent Living Funds” has the same meaning as in the Income Support Regulations ;

(c) before the definition of “invalidity pension” there shall be inserted:

“invalid care allowance” means an invalid care allowance under the Contributions and Benefits Act ;

Section 3 Amendment in relation to child support maintenance

After regulation 6 of the principal Regulations there shall be inserted the following regulation—

Child support maintenance

(6A)

(1) Except in circumstances where paragraph (2) applies, any payment of child support maintenance to a resident shall not be treated as part of a resident’s income or capital for the purposes of these Regulations.

(2) Where a resident is accompanied by a child and accommodation is provided for that child under Part III of the Act , any payment of child support maintenance made in respect of that child to the resident shall be treated as part of the income of the resident and Part IV of these Regulations (liable relatives) shall not apply to any such payment.

Section 4 Amendments in relation to the calculations of income and capital

(1) In each of the provisions to which paragraph (2) below refers, for the words “from the calculation of” there shall be substituted the words “in the calculation of”.

(2) Those provisions are regulations 11(3) (calculation of net profit of self-employed earners), 14(2) (calculation of net earnings of employed earners), 15(2) (calculation of income other than earnings), and 21(2) (calculation of capital) of the principal Regulations.

Section 5 Amendments in relation to payments by third parties

(1) After paragraph (3) of regulation 16 of the principal Regulations (capital treated as income) there shall be inserted the following paragraph—

(4) Any payment of capital made or due to be made to a local authority by a third party pursuant to an agreement between the local authority and the third party in connection with the liability of the resident to pay the local authority for his accommodation shall be treated as part of the income of the resident, unless it is a voluntary payment made for the purpose of discharging any arrears of payments required by the local authority from the resident for his accommodation.

(2) At the beginning of paragraph (4) of regulation 17 of the principal Regulations (notional income) there shall be inserted the words “Subject to paragraph (5),”.

(3) After paragraph (4) of regulation 17 of the principal Regulations there shall be inserted the following paragraph—

(5) A resident shall not be treated as possessing any voluntary payment of income made by a third party to a local authority for the purpose of discharging any arrears of the payments required by the local authority from the resident for his accommodation.

(4) After paragraph (7) of regulation 22 of the principal Regulations (income treated as capital) there shall be inserted the following paragraph—

(8) Any voluntary payment of income made by a third party to a resident for the purpose of helping the resident to discharge any arrears of the payments required by the local authority from the resident for his accommodation shall be treated as capital of the resident.

(5) In regulation 25 of the principal Regulations (notional capital), paragraph (4) is omitted.

(6) In paragraph (5) of regulation 25, for the words “any of paragraphs (1), (2) or (4)”there shall be substituted the words “paragraph (1) or (2)”.

(7) In paragraph 8(3)(b) of Schedule 1 to the principal Regulations (transitional provisions), for the words “in regulation 25(4)” there shall be substituted the words “in regulation 16(4)”.

Section 6 Amendment in relation to the Independent Living Funds

In paragraph (7) of regulation 22 of the principal Regulations (income treated as capital), for the words “the Independent Living Fund” there shall be substituted the words “the Independent Living Funds”.

Section 7 Amendment in relation to capital jointly held

In paragraph (2) of regulation 27 of the principal Regulations (capital jointly held), for sub-paragraph (a) there shall be substituted the following sub-paragraph—

(a) the resident’s share shall be valued at an amount equal to the price which his interest in possession would realise if it were sold to a willing buyer (taking into account the likely effect on that price of any incumbrance secured on the whole beneficial interest), less 10 per cent and the amount of any incumbrance secured solely on the resident’s share of the whole beneficial interest; and

Section 8 Amendment of Schedule 2 to the principal Regulations

(1) In paragraph 1 of Schedule 2 to the principal Regulations (sums to be disregarded in the calculation of earnings), for the words “or interrupted” there shall be substituted the words “or is interrupted”.

(2) In paragraph 3(2)(a) of Schedule 2 to the principal Regulations, after the words “by way of” there shall be inserted the words “a carer premium or a”.

(3) In paragraph 3(2)(b)(i) of Schedule 2 to the principal Regulations, after the words “an invalidity pension,” there shall be added the words “an invalid care allowance”.

Section 9 Amendment of Schedule 4 to the principal Regulations

In Schedule 4 to the principal Regulations, for paragraph 2 there shall be substituted the following paragraph—

(2)

(1) Subject to sub-paragraph (2), the value of any premises which would be disregarded under paragraph 2 or 4 of Schedule 10 to the Income Support Regulations (premises acquired for occupation, and premises occupied by a partner, a former partner or a relative).

(2) For the purposes of sub-paragraph (1), paragraph 4 of Schedule 10 to the Income Support Regulations shall apply as if for the words “that person is aged 60 or over or is incapacitated” there were substituted the words “that partner or relative is aged 60 or over, is incapacitated or is a child whom the resident is liable to maintain by virtue of section 42(1) of the National Assistance Act 1948 (liability to maintain wife or husband and children)”