The National Assistance (Assessment of Resources) (Amendment) (England) Regulations 2005

• Citation: S.I. 2005/3277
• Sections: 4

Section 1 Citation, commencement, interpretation and application

(1) These Regulations may be cited as the National Assistance (Assessment of Resources) (Amendment) (England) Regulations 2005 and shall come into force on 5th December 2005 with the exception of regulations 3(b) and 4 which shall come into force on 30th December 2005.

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

(3) These Regulations apply in relation 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 definition of “liable relative”, for “or former spouse” substitute “, former spouse, civil partner or former civil partner”.

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 10A —

(i) in sub-paragraphs (1)(a) and (3), after “spouse” insert “or civil partner”, and

(ii) in sub-paragraph (1)(b), after “spouse’s maintenance” insert “or his civil partner for that civil partner’s maintenance”;

(b) in paragraph 17 —

(i) for sub-paragraph (1)(a) substitute—

(a) pursuant to regulations made under section 2(6)(b) or 3 of the Adoption and Children Act 2002

(ii) for sub-paragraph (2) substitute—

(2) Any payment, other than a payment to which sub-paragraph (1)(a) applies, made to the resident pursuant to regulations made under section 2(6)(b) or 3 of the Adoption and Children Act 2002.

Section 4 Amendment of Schedule 4 to the principal Regulations

In Schedule 4 to the principal Regulations (capital to be disregarded)—

(a) for paragraph 24 substitute—

(24) Any payment made to the resident pursuant to regulations made under section 2(6)(b) or 3 of the Adoption and Children Act 2002.

(b) after paragraph 25 insert—

(25A) ny payment made to the resident under Part 2 (payments to persons over the age of 65) or Part 3 (payments to persons in receipt of guarantee credit) of the Age-Related Payments Regulations 2005 .