The National Assistance (Residential Accommodation)(Additional Payments, Relevant Contributions and Assessment of Resources)(Wales) Regulations 2003

• Citation: S.I. 2003/931 (W.)
• Sections: 6

Section 1 Citation, commencement, and application

(1) These Regulations may be cited as the National Assistance (Residential Accommodation)(Additional Payments, Relevant Contributions and Assessment of Resources)(Wales) Regulations 2003 and shall come into force on 7th April 2003.

(2) These Regulations apply to Wales only .

Section 2 Interpretation

In these Regulations—

“the 2001 Act ” (“ Deddf 2001 ”) means the Health and Social Care Act 2001;

“ the Act ” (“ y Ddeddf ”) means the National Assistance Act 1948 ;

“the Assessment Regulations ” (“ y Rheoliadau Asesu ”) means the National Assistance (Assessment of Resources) Regulations 1992 ;

“ the Directions ” (“ y Cyfarwyddiadau ”) means the National Assistance Act 1948 (Choice of Accommodation) Directions 1993 ;

“lower capital limit” (“ terfyn cyfalaf isaf ”) means the lower of the two capital amounts specified in regulation 28 of the Assessment Regulations;

“preferred accommodation” (“ llety dewisol ”) means accommodation at the place of the resident’s choice within England and Wales as indicated by the resident, in accordance with paragraph 2 of the Directions;

“relevant preferred accommodation” (“ llety dewisol perthnasol ”) means preferred accommodation which meets the conditions in paragraph 3(a), (c) and (d) of the Directions, but where the cost of providing the resident with that preferred accommodation would require the local authority to pay more than that authority would usually expect to pay in order to provide Part 3 accommodation suitable for a person with the assessed needs of that resident;

“relevant resident” (“ preswylydd perthnasol ”) means a resident—

to whom paragraph 1A of Schedule 4 to the Assessment Regulations (capital to be disregarded in first twelve weeks) applies during the period of its application, or

who has entered into or who has agreed to enter into a deferred payment agreement with the local authority, as provided for in section 55 of the 2001 Act; and

“resident” (“ preswylydd ”) means a person whom the local authority have assessed under section 47 of the National Health Service and Community Care Act 1990 as needing accommodation pursuant to section 21 of the Act (whether or not that person has as yet actually taken up residence in such accommodation).

(2) In these Regulations, unless the context otherwise requires, a reference—

(a) to a numbered regulation is to the regulation in these Regulations bearing that number; and

(b) in a regulation to a numbered paragraph is to the paragraph in that regulation bearing that number.

Section 3 Additional Payments

(1) Regulation 4 applies if a resident has indicated that he or she wishes to be accommodated in relevant preferred accommodation.

(2) Regulation 4 does not apply to any arrangements made under paragraph 4 of the Directions prior to the coming into force of these Regulations.

Section 4 Additional Payments

(1) A local authority must provide a resident with relevant preferred accommodation in the following circumstances;

(a) if a third party agrees to make the additional payments ; or

(b) in the case of a relevant resident, if the additional payments will be made by one or both of the following persons;

(i) a third party,

(ii) the resident himself or herself, from any resource or combination of resources specified in paragraph (2)

and each person can reasonably be expected to make those additional payments for the duration of the arrangements.

(2) The resources referred to in paragraph (1)(b)(ii) are—

(a) in the case of all relevant residents, any income or capital disregarded under Schedule 2, 3 or 4 to the Assessment Regulations except capital disregarded under paragraph 1A of Schedule 4; and

(b) in the case of a resident who is a relevant resident by virtue of paragraph (a) of the definition of that term in regulation 2(1) (whether or not the person also comes within the definition in (b)), capital other than that included in Schedule 4 to the Assessment Regulations and including capital below the lower capital limit; and,

(c) in the case of a resident who is a relevant resident by virtue of paragraph (b) of the definition, (whether or not the resident is also within the definition of paragraph (a)), any capital exceeding the lower capital limit, which may include the value of the resident’s property which he occupies or formerly occupied as his only or main home, provided that if any additional payments are to be made from the value of that property they will form part of the relevant contributions under the deferred payments agreement.

Section 5 Amendment of the Assessment Regulations

(1) After regulation 16 of the Assessment Regulations, insert the following regulation—

Additional Payments

(16A)

(1) An amount equivalent to any additional payments made or due to be made by a resident from resources specified in paragraph (2) shall be treated as part of the income of the resident.

(2) The resources specified for the purposes of paragraph (1) are the resources specified in regulation 4(2) of the National Assistance (Residential Accommodation) (Additional Payments, Relevant Contributions and Assessment of Resources) (Wales) Regulations 2003 (additional payments from specified resources of relevant residents), except in a case falling within sub-paragraph (c) of that regulation where the additional payments are to be made from the value of the resident’s property which he occupies or formerly occupied as his only or main home.

(2) After paragraph (3) of regulation 28 of the Assessment Regulations, insert the following paragraph—

(4) For the purposes of paragraph (1), where a resident makes additional payments as provided for in regulation 4(2)(b) of the National Assistance (Residential Accommodation) (Additional Payments, Relevant Contributions and Assessment of Resources) (Wales) Regulations 2003 (additional payments from capital below the lower capital limit) the resident is to be treated as possessing capital equivalent to any additional payments.

Section 6 Relevant Contributions

(1) Paragraph (2) of this regulation applies in circumstances where a resident has a beneficial interest in a property which he or she occupies or formerly occupied as his or her main or only residence.

(2) For the purposes of section 55 of the 2001 Act, relevant contributions shall be that part of the payments that the resident is liable to pay to the local authority which is attributable to the value of the property referred to in paragraph (1) and that part shall be determined by calculating the difference between—

(a) the payments that the resident is liable to pay to the local authority, calculated in accordance with the Assessment Regulations, and

(b) the payments referred to in subparagraph (a) that the resident would be liable to pay if the value of the resident’s interest in the property referred to in paragraph (1) was not taken into account.