National Assistance (Assessment of Resources) (Amendment) Regulations 1993
| Jurisdiction | UK Non-devolved |
| Citation | SI 1993/964 |
| Year | 1993 |
1993 No. 964
NATIONAL ASSISTANCE SERVICES
The National Assistance (Assessment of Resources) (Amendment) Regulations 1993
Made 31th March 1993
Laid before Parliament 1st April 1993
Coming into force 22th April 1993
In exercise of the powers conferred on me by section 22(5) of the National Assistance Act 19481and of all other powers enabling me in that behalf, I hereby make the following Regulations—
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the National Assistance (Assessment of Resources) (Amendment) Regulations 1993 and shall come into force on 22nd April 1993.
(2) In these Regulations, unless the context otherwise requires, “the principal Regulations” means the National Assistance (Assessment of Resources) Regulations 19922.
Amendment of regulation 2 of the principal Regulations
2. In paragraph (1) of regulation 2 of the principal Regulations (interpretation)—
(a) after the definition of “attendance allowance”, there shall be inserted:
““child support maintenance” shall be construed in accordance with section 3(6) of the Child Support Act 19913;”;
(b) for the definition of “the Independent Living Fund” there shall be substituted:
““the Independent Living Funds” has the same meaning as in the Income Support Regulations4;”;
(c) before the definition of “invalidity pension” there shall be inserted:
““invalid care allowance” means an invalid care allowance under the Contributions and Benefits Act5;”.
Amendment in relation to child support maintenance
3. After regulation 6 of the principal Regulations there shall be inserted the following regulation—
“Child support maintenance
6A.—(1) Except in circumstances where paragraph (2) applies, any payment of child support maintenance to a resident shall not be treated as part of a resident’s income or capital for the purposes of these Regulations.
(2) Where a resident is accompanied by a child and accommodation is provided for that child under Part III of the Act6, any payment of child support maintenance made in respect of that child to the resident shall be treated as part of the income of the resident and Part IV of these Regulations (liable relatives) shall not apply to any such payment.”.
Amendments in relation to the calculations of income and capital
4.—(1) In each of the provisions to which paragraph (2) below refers, for the words “from the calculation of” there shall be substituted the words “in the calculation of”.
(2) Those provisions are regulations 11(3) (calculation of net profit of self-employed earners), 14(2) (calculation of net earnings of employed earners), 15(2) (calculation of income other than earnings), and 21(2) (calculation of capital) of the principal Regulations.
Amendments in relation to payments by third parties
5.—(1) After paragraph (3) of regulation 16 of the principal Regulations (capital treated as income) there shall be inserted the following paragraph—
“4 Any payment of capital made or due to be made to a local authority by a third party pursuant to an agreement between the local authority and the third party in connection with the liability of the resident to pay the local authority for his accommodation shall be treated as part of the income of the resident, unless it is a voluntary payment made for the purpose of discharging any arrears of payments required by the local authority from the resident for his accommodation.”
(2) At the beginning of paragraph (4) of regulation 17 of the principal Regulations (notional income) there shall be inserted the words “Subject to paragraph (5),”.
(3) After paragraph (4) of regulation 17 of the principal Regulations there shall be inserted the following paragraph—
“5 A resident shall not be treated as possessing any voluntary payment of income made by a third party to a local authority for the purpose of discharging any arrears of the payments required by the local authority from the resident for his accommodation.”
(4) After paragraph (7) of regulation 22 of the principal Regulations (income treated as capital) there shall be inserted the following paragraph—
“8 Any voluntary payment of income made by a third party to a resident for the purpose of helping the resident to discharge any arrears of the payments required by the local authority from the resident for his accommodation shall be treated as capital of the resident.”
(5) In regulation 25 of the principal Regulations (notional capital), paragraph (4) is...
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