(1) In determining for the purposes of paragraph (a) or (aa) of subsectio(1) of section 21 of the Act whether care and attention are otherwise available to a person, a local authority must disregard so much of the person’s capital as does not exceed the capital limit.
(2) For the purposes of paragraph (1) of this regulation, subject to paragraph (3)—
(a) A person’s capital shall be calculated in accordance with the Assessment Regulations in the same way as if he or she were a person for whom accommodation is proposed to be provided as mentioned in subsection (3) of section 22 of the Act and whose ability to pay for the accommodation falls to be assessed for the purposes of that subsection; and
(b) “the capital limit” means the amount for the time being prescribed in relation to Wales in the Assessment Regulations as the amount which a resident’s capital (calculated in accordance with those Regulations) must not exceed if he or she is to be assessed as unable to pay for his or her accommodation at the standard rate .
(3) In a case where the local authority has entered or has agreed to enter into a deferred payment agreement (as provided for in section 55 of the 2001 Act), the local authority must when making the calculation specified in paragraph (2)(a) of this regulation, give effect to paragraph 1A of Schedule 4 to the Assessment Regulations, as if that paragraph read as follows—
(1A) In the case of a resident who becomes a permanent resident on or after 7th April 2003 the value of any dwelling which he or she would otherwise normally occupy as his or her only or main residence.
