The National Assistance (Sums for Personal Requirements and Assessment of Resources) Amendment (England) Regulations 2010

• Citation: S.I. 2010/211
• Sections: 5

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 2010 and shall come into force on—

(a) 6th April 2010 for the purposes of regulation 5; and

(b) 12th April 2010 for all other purposes.

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

(3) These Regulations apply in relation to England.

Section 2 Increase in sum needed for personal requirements

In regulation 2 (sum needed for personal requirements) of the National Assistance (Sums for Personal Requirements) (England) Regulations 2003 , for “£21.90” substitute “£22.30”.

Section 3 Increase in capital limits

(1) The Assessment Regulations are amended in accordance with the following paragraphs.

(2) In regulation 20 (capital limit), for “£23,000” substitute “£23,250”.

(3) In regulation 28 (calculation of tariff income from capital), in paragraph (1)—

(a) for “£14,000”, in both places where it occurs, substitute “£14,250”; and

(b) for “£23,000” substitute “£23,250”.

Section 4 Increase in amount of savings credit to be disregarded

In Schedule 3 to the Assessment Regulations (sums to be disregarded in the calculation of income other than earnings), in paragraph 28H —

(a) in sub-paragraphs (1) and (2), for “£5.65”, in each place where it occurs, substitute “£5.75”; and

(b) in sub-paragraphs (3) and (4), for “£8.45” in each place where it occurs, substitute “£8.60”.

Section 5 Other amendments to the Assessment Regulations

(1) The Assessment Regulations are further amended in accordance with the following paragraphs.

(2) In regulation 2(1) (interpretation) after “prospective resident” insert—

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

“relative” has the same meaning as in the Income Support Regulations;

(3) In Schedule 2 (sums to be disregarded in the calculation of earnings), in sub-paragraph (2) of paragraph 3—

(a) in paragraph (b), for “the age of 60” substitute “the qualifying age”; and

(b) in paragraph (c), for “the age of 60”, in each place where it occurs, substitute “the qualifying age”.

(4) In Schedule 3 (sums to be disregarded in the calculation of income other than earnings), in sub-paragraph (6) of paragraph 28H, omit paragraph (b).

(5) In Schedule 4 (capital to be disregarded), in paragraph 2 , for sub-paragraphs (1) and (2) substitute—

(1) The value of any premises—

(a) which would be disregarded under paragraph 2 or 4(b) of Schedule 10 to the Income Support Regulations (premises acquired for occupation, and premises occupied by a former partner); or

(b) occupied in whole or in part as their home by the resident’s—

(i) partner,

(ii) other family member or relative who is aged 60 or over or is incapacitated, or

(iii) child.