The National Assistance (Assessment of Resources and Sums for Personal Requirements) (Amendment) (Wales) Regulations 2011

• Citation: S.I. 2011/708 (W.)
• Sections: 6

Section 1 Title, commencement, interpretation and application

(1) The title of these Regulations is the National Assistance (Assessment of Resources and Sums for Personal Requirements) (Amendment) (Wales) Regulations 2011.

(2) These Regulations come into force on 11 April 2011.

(3) In these Regulations, “the Principal Regulations” (“ y Prif Reoliadau ”) means the National Assistance (Assessment of Resources) Regulations 1992 .

(4) These Regulations apply in relation to Wales.

Section 2 Sums needed for personal requirements

The sum which a local authority assumes a person to need for his or her personal requirements under section 22(4) of the National Assistance Act 1948 is £23.00 per week.

Section 3 Revocation

Regulation 2 of the National Assistance (Assessment of Resources and Sums for Personal Requirements) (Amendment) (Wales) Regulations 2010 is hereby revoked.

Section 4 Amendment of regulation 20A of the Principal Regulations

(1) In the Principal Regulations, in paragraph (2) ofregulation 20A (Capital limit – Wales), replace the figure of “£22,000” with the figure “£22,500”.

(2) After paragraph (2) of regulation 20A insert the following paragraph —

(3) No resident is liable to pay for accommodation, or contribute to the cost of accommodation, from capital where the resident’s capital, calculated in accordance with regulation 21, does not exceed the amount specified in paragraph (2).

Section 5 Amendment of Schedule 3 to the Principal Regulations

(1) In Part 1 of Schedule 3 to the Principal Regulations (sums to be disregarded in the calculation of income other than earnings), 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,”.

(2) In Part 2 of Schedule 3 to the Principal 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 Principal Regulations

In Schedule 4 to the Principal 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 —

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

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