The National Assistance (Assessment of Resources) (Amendment) Regulations 1994

• Citation: S.I. 1994/825
• Sections: 4

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the National Assistance (Assessment of Resources) (Amendment) Regulations 1994 and shall come into force on 11th April 1994.

(2) In these Regulations “the principal Regulations ” means the National Assistance (Assessment of Resources) Regulations 1992 .

Section 2 Amendment of Schedule 1 to the principal Regulations

In Part III of Schedule 1 to the principal Regulations (transitional provisions) after sub-paragraph (7) of paragraph 8 there shall be added the following sub-paragraph—

(8) Where a resident’s capital is increased so that when calculated in accordance with Part III of these Regulations it amounts to more than the amount prescribed (“the prescribed amount”) for the purposes of section 134(1) of the Contributions and Benefits Act (exclusions from benefit) and where before that increase his capital calculated under that Part amounted to less than the prescribed amount the provisions of this Part of this Schedule shall not apply to him from the date of the increase in capital.

Section 3 Amendment of Schedule 3 to the principal Regulations

At the end of Part I of Schedule 3 to the principal Regulations (sums to be disregarded in the calculation of income other than earnings) there shall be added the following paragraph—

(28A) Any payment which would be disregarded under paragraph 53 of Schedule 9 to the Income Support Regulations .

Section 4 Amendment of Schedule 4 to the Principal Regulations

For paragraph 1 of Schedule 4 to the principal Regulations (capital to be disregarded) there shall be substituted the following paragraph—

(1) The value of one dwelling (and not more than one dwelling) of a temporary resident from which he is absent in circumstances where—

(a) he is taking reasonable steps to dispose of the dwelling in order that he may acquire another dwelling which he intends to occupy as his home; or

(b) he intends to return to occupy that dwelling as his home and the dwelling to which he intends to return is still available to him.