The National Assistance (Assessment of Resources) (Amendment) (No. 2) (England) Regulations 2003

• Citation: S.I. 2003/2343
• Sections: 4

Section 1 Citation, commencement, interpretation and application

(1) These Regulations may be cited as the National Assistance (Assessment of Resources) (Amendment) (No. 2) (England) Regulations 2003 and shall come into force on 6th October 2003.

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

(3) These Regulations apply to England only .

Section 2 Amendment of regulation 2 of the principal Regulations

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

(a) insert the following definitions at the appropriate place:

“the Pension Credit Regulations ” means the State Pension Credit Regulations 2002 ;

“savings credit” means a savings credit under the State Pension Credit Act 2002 ;

(b) for the definition of “less dependent resident” substitute—

“less dependent resident” means a resident who is in, or for whom accommodation is proposed to be provided in, premises which are not an establishment which is carried on or managed by a person who is registered under Part II of the Care Standards Act 2000 ;

Section 3 Amendment of Schedule 3 to the principal Regulations

In Schedule 3 to the principal Regulations (sums to be disregarded in the calculation of income other than earnings)—

(a) in paragraph 17—

(i) in sub-paragraph (a) after “(permitted allowances)” insert “or paragraph 3 of Schedule 4 to the Adoption and Children Act 2002 ”;

(ii) at the end add the following sub-paragraph—

(2) Any payment, other than a payment to which sub-paragraph (1)(a) applies, made to the resident in accordance with regulations made under paragraph 3 of Schedule 4 to the Adoption and Children Act 2002.

(b) after paragraph 28G, insert the following paragraphs—

(28H)

(1) Where a resident is in receipt of savings credit as a person who has no partner and has qualifying income not exceeding the standard minimum guarantee—

(a) the amount of that savings credit where the amount received is £4.50 or less; or

(b) £4.50 of that savings credit where the amount received is greater than £4.50.

(2) Where a resident—

(a) has no partner;

(b) has attained the age of 65; and

(c) has qualifying income in excess of the standard minimum guarantee,

a sum of £4.50.

(3) Where a resident is in receipt of savings credit as a person who has a partner and has qualifying income not exceeding the standard minimum guarantee—

(a) the amount of that savings credit where the amount received is £6.75 or less; or

(b) £6.75 of that savings credit where the amount received is greater than £6.75.

(4) Subject to sub-paragraph (5) where a resident—

(a) has a partner;

(b) has—

(i) attained the age of 65; or

(ii) has attained the qualifying age and his partner has attained the age of 65; and

(c) has qualifying income in excess of the standard minimum guarantee,

a sum of £6.75.

(5) Where the sum referred to in sub-paragraph (4) has been disregarded in the assessment of the resident’s partner’s income under these Regulations, sub-paragraph (4) does not apply to the resident.

(6) For the purposes of this paragraph—

(a) a resident has a partner if he would be considered to have a partner for the purposes of the Pension Credit Regulations ;

(b) “qualifying age” has the same meaning as in section 1(6) of the State Pension Credit Act 2002 ;

(c) “qualifying income” shall be construed in accordance with regulation 9 of the Pension Credit Regulations and for the purposes of sub-paragraphs (3) and (4) the resident’s qualifying income shall include any qualifying income of his partner;

(d) “standard minimum guarantee” means, for the purposes of—

(i) sub-paragraphs (1) and (2), the amount prescribed by regulation 6(1)(b) of the Pension Credit Regulations; and

(ii) sub-paragraphs (3) and (4), the amount prescribed by regulation 6(1)(a) of the Pension Credit Regulations 2002.

(28I) Any payment made to a temporary resident in lieu of concessionary coal pursuant to section 19(1)(b) or (c) of the Coal Industry Act 1994.

Section 4 Amendment of Schedule 4 to the principal Regulations

In Schedule 4 to the principal Regulations (capital to be disregarded) after paragraph 23, add the following paragraph—

(24) Any payment made to the resident in accordance with regulations made under paragraph 3 of Schedule 4 to the Adoption and Children Act 2002.