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2001 No. 1409 (W. 95)

NATIONAL ASSISTANCE SERVICES, WALES

The National Assistance (Assessment of Resources) (Amendment No. 2) (Wales) Regulations 2001

  Made 4th April 2001 
  Coming into force
  for the purpose of Regulation 2(6) 12th April 2001 
  for all other purposes 9th April 2001 

The National Assembly for Wales makes the following Regulations in exercise of the powers conferred upon the Secretary of State by section 22(5) of the National Assistance Act 1948[1] and now vested in the National Assembly for Wales[2]:

Citation, commencement, interpretation and application
     1.  - (1) These Regulations may be cited as the National Assistance (Assessment of Resources) (Amendment No.2) (Wales) Regulations 2001 and shall come into force for the purposes of Regulation 2(6) on 12th April 2001 and for all other purposes on 9th April 2001.

    (2) In these Regulations "the principal Regulations" ("y prif Reoliadau") means the National Assistance (Assessment of Resources) Regulations 1992[
3].

    (3) These Regulations shall apply to Wales only.

Amendment of the principal Regulations
     2.  - (1) The principal Regulations shall be amended in accordance with the following paragraphs of this regulation.

    (2) In regulation 2(1) (interpretation) there shall be inserted after the definition of "partner", the following definition - 

    (3) In regulation 20 (capital limit) for the figure "£16,000" there shall be substituted the figure "£18,500".

    (4) In regulation 28(1) (calculation of tariff income from capital) for the figure "£10,000", where it appears, there shall be substituted the figure "£11,500" and for the figure "£16,000" there shall be substituted the figure of "£18,500".

    (5) In Schedule 4 to the principal Regulations, after paragraph 1, there shall be inserted the following paragraph - 

    (6) In the said Schedule 4, after paragraph 20, there shall be inserted the following paragraph - 



Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[
4]


Dafydd Elis Thomas
The Presiding Officer of the National Assembly

4th April 2001



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations make further amendments to the National Assistance (Assessment of Resources) Regulations 1992 ("the principal Regulations").

The principal Regulations concern the assessment of the ability of a person ("the resident") to pay for accommodation arranged by local authorities under Part III of the National Assistance Act 1948. Part III accommodation is arranged for persons aged 18 or over who by reason of age, illness, disability or any other circumstances, are in need of care and attention which is not otherwise available to them, and for expectant and nursing mothers in similar need.

The principal Regulations provide that no resident shall be assessed as unable to pay for Part III accommodation at the standard rate if that resident's capital, calculated in accordance with the principal Regulations, exceeds £16,000. These Regulations amend the principal Regulations to increase the capital limit from £16,000 to £18,500. The principal Regulations also provide for the calculation of a resident's income to take account of capital which is treated as equivalent to income. These Regulations amend the upper and lower limits of such capital between which each complete £250, or any part which is not a complete £250, is treated as equivalent to a weekly income of £1. The Regulations also introduce further categories of capital to be disregarded in the assessment of a resident's resources. The value of any dwelling that would otherwise be occupied by the resident as his or her only or main residence is to be disregarded for a period of 12 weeks in the circumstances specified in the Regulations. In addition the Regulations provide for a disregard of payments made under a trust established out of funds provided by the Secretary of State for Health in respect of persons who suffered or are suffering from variant Creutzfeldt-Jakob disease.


Notes:

[1] 1948 c.29; section 22(5) of the National Assistance Act 1948 was amended by section 39(1) of and paragraph 6 of Schedule 6 to the Ministry of Social Security Act 1966 (c.20), by section 35(2) of and paragraph 3(b) of Schedule 7 to the Supplementary Benefits Act 1976 (c.71), by section 20 of and paragraph 2 of Schedule 4 to the Social Security Act 1986 (c.50).back

[2] The functions of the Secretary of State under section 22(5) of the National Assistance Act 1948 were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).back

[3] S.I. 1992/2977 as amended by S.I. 1993/964, 1993/2230, 1994/825, 1994/2386, 1995/858, 1995/3054, 1996/602, 1997/485, 1998/497, 1998/1730, 2001/276 (W.12), and, in relation to England only S.I. 2001/58.back

[4] 1998 c.38back



Cymraeg (Welsh)



ISBN 0-11-090221-1


  Prepared 8 June 2001


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