The National Assistance (Assessment of Resources) (Amendment) (No. 2) (England) Regulations 2001

• Citation: S.I. 2001/1066
• Sections: 5

Section 1 Citation, commencement, interpretation and extent

(1) These Regulations may be cited as the National Assistance (Assessment of Resources) (Amendment) (No. 2) (England) Regulations 2001 and shall come into force on the 9th April 2001.

(2) In these Regulations

“The principal Regulations ” means the National Assistance (Assessment of Resources) Regulations 1992 .

(3) These Regulations extend to England only .

Section 2 Amendment of regulation 2 of the principal Regulations

In regulation 2(1) (interpretation) of the principal Regulations insert, after the definition of “partner”, the following definition—

“permanent resident” means a resident who is not a temporary resident.

Section 3 Amendment of regulation 20 of the principal Regulations

In regulation 20 (capital limit) of the principal Regulations for the amount “£16,000” substitute the amount “£18,500”.

Section 4 Amendment of regulation 28(1) of the principal Regulations

In regulation 28(1) (calculation of tariff income from capital) of the principal Regulations—

(a) for the amount “£10,000” (both times it appears) substitute the amount “£11,500”; and

(b) for the amount “£16,000” substitute the amount “£18,500”.

Section 5 Amendment of Schedule 4 to the principal Regulations

In Schedule 4 to the principal Regulations, after paragraph 1, insert the following new paragraph—

(1A)

(1) In the case of a resident who becomes a permanent resident on or after 9th April 2001 (“a qualifying resident”) in respect of the first period of permanent residence the value of any dwelling which he would otherwise normally occupy as his only or main residence (“his home”) for a period of 12 weeks beginning with the day on which the first period of residence begins.

(2) In the case of a qualifying resident

(a) who ceases to be a permanent resident, and

(b) who subsequently becomes a permanent resident again at any time within the period of 52 weeks from the end of the first period of permanent residence,

the value of his home for such period (if any) which when added to the period disregarded under sub-paragraph (1) in respect of his first period of permanent residence does not exceed 12 weeks in total.

(3) In the case of a qualifying resident

(a) who ceases to be a permanent resident and is not a person to whom sub-paragraph (2) has applied, and

(b) who subsequently becomes a permanent resident again at any time after a period of more than 52 weeks from the end of the first period of residence,

the value of his home for a period of 12 weeks beginning with the day on which the second period of permanent residence begins.

(4) In this paragraph “the first period of permanent residence” means the period of permanent residence beginning on or after 9th April 2001 and “the second period of permanent residence” means the period of permanent residence beginning at any time after the period of 52 weeks referred to in sub-paragraph (3)(b).