The National Assistance (Sums for Personal Requirements and Assessment of Resources) Amendment (England) Regulations 2013

• Citation: S.I. 2013/518
• Sections: 8

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 2013 and shall come into force on 8th April 2013.

(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 “£23.50” substitute “£23.90”.

Section 3 Amendment of regulation 6 of the Assessment Regulations

In regulation 6 (liable relatives) of the Assessment Regulations, for “10” substitute “15”.

Section 4 Insertion of regulation 9A in the Assessment Regulations

After regulation 9 (calculation of income) of the Assessment Regulations insert—

Earnings to be disregarded

(9A)

(1) Earnings derived from employment as an employed earner or a self-employed earner are to be disregarded in the calculation of a resident’s income.

(2) For the purposes of this regulation—

(a) “earnings” in relation to an employed earner has the same meaning-

(i) as in regulation 35 of the Housing Benefit Regulations 2006 or,

(ii) where the earner has attained the qualifying age for state pension credit , as in regulation 35 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (earnings of employed earners); and

(b) “earnings” in relation to a self-employed earner has the same meaning as regulation 37 of the Income Support Regulations (earnings of self-employed earners)

Section 5 Omission of regulations 10, 11, 12, 13 and 14 of the Assessment Regulations

Regulations 10 (earnings of self-employed earners), 11 (calculation of net profit of self-employed earners), 12 (weekly amount of net profit of self-employed earners), 13 (earnings of employed earners) and 14 (calculation of net earnings of employed earners) of the Assessment Regulations are omitted.

Section 6 Amendment of regulation 15 of the Assessment Regulations

In paragraph (1) of regulation 15 (calculation of income other than earnings) of the Assessment Regulations, for “to be taken into account” substitute “as defined in regulation 9A(2)”.

Section 7 Amendment of regulation 18 of the Assessment Regulations

In regulation 18 (calculation of income derived from employed earners’ employment and income other than earnings) of the Assessment Regulations—

(a) in paragraph (1) omit “net earnings derived from employment as an employed earner and”;

(b) in paragraph (2), for “earnings as an employed earner or income other than earnings are” substitute “income other than earnings is”.

Section 8 Omission of Schedule 2 of the Assessment Regulations

Schedule 2 (sums to be disregarded in the calculation of earnings) of the Assessment Regulations is omitted.