The National Assistance (Sums for Personal Requirements and Assessment of Resources) Amendment (England) Regulations 2008

• Citation: S.I. 2008/593
• Sections: 6

Section 1 Citation, commencement, interpretation and application

(1) These Regulations may be cited as the National Assistance (Sums for Personal Requirements and Assessment of Resources) Amendment (England) Regulations 2008 and shall come into force on 7 th April 2008.

(2) In these Regulations, the “ Assessment 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 National Assistance (Sums for Personal Requirements) (England) Regulations 2003

In regulation 2 (sum needed for personal requirements) of the National Assistance (Sums for Personal Requirements) (England) Regulations 2003 , for “£20.45” substitute “£21.15”.

Section 3 Amendment of regulation 20 of the Assessment Regulations

In regulation 20 (capital limit) of the Assessment Regulations, for “£21,500” substitute “£22,250”.

Section 4 Amendment of regulation 28 of the Assessment Regulations

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

(a) for “£13,000”, in both places where it occurs, substitute “£13,500”; and

(b) for “£21,500” substitute “£22,250”.

Section 5 Amendment of Schedule 3 to the Assessment Regulations

(1) In Part 1 of Schedule 3 to the Assessment Regulations (sums to be disregarded in the calculation of income other than earnings)—

(a) in paragraph 10(1), for “paragraphs 29 and 31, the amount specified in paragraph 15(1) of Schedule 9 to the Income Support Regulations (relevant payments) of”, substitute “paragraph 29,”; and

(b) in paragraph 28H —

(i) in sub-paragraphs (1) and (2), for “£5.25”, in each place where it occurs, substitute “£5.45”, and

(ii) in sub-paragraphs (3) and (4), for “£7.85”, in each place where it occurs, substitute “£8.15”.

(2) In Part 2 of Schedule 3 to the Assessment Regulations (special provisions relating to charitable or voluntary payments and certain pensions)—

(a) omit paragraph 30; and

(b) in paragraph 31, “for paragraphs 10(1) and 11” substitute “paragraph 11”.

Section 6 Amendment of Schedule 4 to the Assessment Regulations

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

(a) after paragraph 10 insert—

(10A) Any amount which would be disregarded under paragraph 12A of Schedule 10 to the Income Support Regulations (personal injury payments) with the exception of any payment or any part of any payment that has been specifically identified by a court to deal with the cost of providing care.

(b) for paragraph 19 , substitute—

Any amount which—

(a) falls within paragraph 44(2)(a), and would be disregarded under paragraph 44(1)(a) or (b), of Schedule 10 to the Income Support Regulations; or

(b) would be disregarded under paragraph 45(a) of that Schedule.