The National Assistance (Assessment of Resources) (Amendment) (No. 2) (England) Regulations 2004

• Citation: S.I. 2004/2328
• 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 2004 and shall come into force on 4th October 2004.

(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), in the appropriate alphabetical position, there shall be inserted—

“the health service” has the same meaning as in section 128(1) of the National Health Service Act 1977 ;

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) after paragraph 28I, insert the following paragraph—

(28J) Any payment made to the resident under section 63(6)(b) of the Health Services and Public Health Act 1968 (“the 1968 Act ”) (travelling and other allowances to persons availing themselves of instruction) for the purpose of meeting childcare costs where the instruction is provided pursuant to—

(a) section 63(1)(a) of the 1968 Act; or

(b) section 63(1)(b) of the 1968 Act and where the resident is employed, or has it in contemplation to be employed, in an activity involved in or connected with a service which must or may be provided or secured as part of the health service.

Section 4 Amendment of Schedule 4 to the principal Regulations

In Schedule 4 to the principal Regulations (capital to be disregarded) after paragraph 24, add the following paragraphs—

(25) Any payment made to the resident under section 2 or 3 of the Age-Related Payments Act 2004 (entitlement: basic or special cases) .

(26) Any payment made to the resident under section 63(6)(b) of the Health Services and Public Health Act 1968 (“the 1968 Act”) (travelling and other allowances to persons availing themselves of instruction) for the purpose of meeting childcare costs where the instruction is provided pursuant to—

(a) section 63(1)(a) of the 1968 Act; or

(b) section 63(1)(b) of the 1968 Act and where the resident is employed, or has it in contemplation to be employed, in an activity involved in or connected with a service which must or may be provided or secured as part of the health service.