National Assistance (Assessment of Resources) Regulations 1992
| Jurisdiction | UK Non-devolved |
| Citation | SI 1992/2977 |
| Year | 1992 |
1992 No. 2977
NATIONAL ASSISTANCE SERVICES
The National Assistance (Assessment of Resources) Regulations 1992
Made 30th November 1992
Laid before Parliament 4th December 1992
Coming into force 1st April 1993
In exercise of the powers conferred 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:—
PART I
GENERAL
Citation and Commencement
1. These Regulations may be cited as the National Assistance (Assessment of Resources) Regulations 1992 and shall come into force on 1st April 1993.
Interpretation
2.—(1) In these Regulations, unless the context otherwise requires—
“the Act” means the National Assistance Act 1948;
“attendance allowance” has the same meaning as in the Income Support Regulations;
“the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 19922;
“council tax” shall be construed in accordance with section 1(1) of the Local Government Finance Act 19923;
“council tax benefit” means council tax benefit under the Contributions and Benefits Act4;
“couple” has the same meaning as in the Income Support Regulations;
“disability living allowance” means a disability living allowance under the Contributions and Benefits Act5;
“disability working allowance” means a disability working allowance under the Contributions and Benefits Act6;
“dwelling” has the meaning prescribed in section 137(1) of the Contributions and Benefits Act;
“employed earner” shall be construed in accordance with section 2(1)(a) of the Contributions and Benefits Act;
“the Fund” has the same meaning as in the Income Support Regulations7;
“income support” means income support under the Contributions and Benefits Act8;
“the Income Support Regulations” means the Income Support (General) Regulations 19879;
“the Independent Living Fund” has the same meaning as in the Income Support Regulations10;
“invalidity pension” means an invalidity pension under the Contributions and Benefits Act11;
“less dependent resident” means a resident—
(a) in premises which are neither owned nor managed by a local authority12and which are not registered (as respects England and Wales) under the Registered Homes Act 198413or (as respects Scotland) under Part IV of the Social Work (Scotland) Act 196814; or
(b) in premises which are either owned or managed or owned and managed by a local authority but at which residents are not provided with board,
and in this context “board” means at least some cooked or prepared meals which are both cooked or prepared, by a person other than the resident or a member of his family, and consumed at those premises or in associated premises, if the cost of those meals is accounted for as part of the standard rate for the accommodation at those premises;
“liable relative” means a spouse or former spouse of a resident;
“the Macfarlane (Special Payments) Trust”, “the Macfarlane (Special Payments) (No.2) Trust” and “the Macfarlane Trust” have the same meaning as in the Income Support Regulations15;
“mobility supplement” has the same meaning as in the Income Support Regulations;
“partner” has the same meaning as in the Income Support Regulations;
“resident” means a person provided with accommodation under Part III of the Act16;
“self-employed earner” shall be construed in accordance with section 2(1)(b) of the Contributions and Benefits Act;
“severe disablement allowance” means a severe disablement allowance under the Contributions and Benefits Act17;
“sickness benefit” means sickness benefit under the Contributions and Benefits Act(18;
“standard rate” means a standard rate fixed in accordance with section 22(2) of the Act19;
“student” has the meaning prescribed in regulation 61 of the Income Support Regulations20(interpretation);
“temporary resident” means a resident whose stay is—
(a) unlikely to exceed 52 weeks, or
(b) in exceptional circumstances, unlikely substantially to exceed that period.
(2) Where reference is made in these Regulations to the application of a provision in the Income Support Regulations, any reference to “claimant” in the provision of the Income Support Regulations so applied shall be construed as a reference to a resident.
(3) In these Regulations, unless the context otherwise requires, a reference—
(a)
(a) to a numbered Part is to the Part of these Regulations bearing that number;
(b)
(b) to a numbered regulation or Schedule is to the regulation in or Schedule to these Regulations bearing that number;
(c)
(c) in a regulation or Schedule to a numbered paragraph is to the paragraph in that regulation or Schedule bearing that number;
(d)
(d) in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.
Assessing a resident’s ability to pay
3. For the purposes of section 22(3) of the Act21the regulations to which a local authority shall give effect in assessing a resident’s ability to pay are those set out in these Regulations.
Rounding of fractions
4. Where any calculation under these Regulations of a resident’s ability to pay results in a fraction of a penny, that fraction shall, if it would be to the resident’s advantage, be treated as a penny, otherwise it shall be disregarded.
Payment by less dependent residents
5. In assessing a less dependent resident’s ability to pay for his accommodation, a local authority need not apply Parts II to V of these Regulations (treatment of income, treatment of capital, liable relatives and students) if they consider it reasonable in the circumstances not to do so.
Liable relatives
6. Regulations 10 to 19 (income, except calculation of income), 21 to 27 (capital, except capital limit and tariff income) and Part V (students) shall not apply to any payment which is to be calculated in accordance with Part IV (liable relatives).
Students
7. The provisions of Parts II and III (income and capital) shall have effect in relation to students subject to the modifications set out in Part V (students).
Transitional provisions
8. The transitional provisions set out in Schedule 1 shall have effect.
PART II
TREATMENT OF INCOME
Calculation of income
9.—(1) A resident’s income shall be calculated on a weekly basis—
(a)
(a) by determining in accordance with this Part the weekly amount of his income; and
(b)
(b) by adding to that amount his weekly tariff income from capital calculated in accordance with regulation 28 (calculation of tariff income from capital).
(2) For the purposes of paragraph (1), “income” includes capital treated as income and notional income under regulations 16 and 17.
Earnings of self-employed earners
10. A resident’s gross earnings derived from employment as a self-employed earner shall be assessed in accordance with the definition of “earnings” in regulation 37 of the Income Support Regulations22(earnings of self-employed earners).
Calculation of net profit of self-employed earners
11.—(1) For the purposes of regulation 12, the earnings of a resident derived from employment as a self-employed earner to be taken into account shall, subject to paragraph (3), be his net profit from that employment.
(2) For the purposes of paragraph (1), a resident’s net profit shall be calculated by taking into account his gross earnings from his employment as a self-employed earner less any relevant outgoings, liabilities or expenses.
(3) There shall be disregarded from the calculation of a resident’s net profit any sum, where applicable, specified in Schedule 2.
Weekly amount of net profit of self-employed earners
12.—(1) Subject to paragraphs (2) and (3), the weekly amount of a resident’s income from employment as a self-employed earner shall be determined by reference to his average weekly net profit from that employment—
(a)
(a) over a period of 52 weeks; or
(b)
(b) where the resident has recently become engaged in that employment or where there has been a change which is likely to affect the normal pattern of business, over such other period of weeks as may, in any particular case, enable the weekly amount of his earnings to be determined more accurately.
(2) Subject to paragraph (3), where a resident’s earnings consist of or include royalties or sums paid periodically for or in respect of any copyright, those earnings (“the royalties etc.”) shall be taken into account over a period of such number of weeks as is equal to the number obtained (and any fraction shall be treated as a corresponding fraction of a week) by dividing the amount of the royalties etc.—
(a)
(a) unless sub-paragraph (b) applies, by the difference between the standard rate for the accommodation provided for that resident and the lower rate for that accommodation which he would be liable to pay if he did not have the royalties etc.;
(b)
(b) where a resident would be assessed as liable to make no contribution towards the cost of his accommodation if he did not have the royalties etc., by the standard rate for his accommodation.
(3) Where a resident’s earnings consist of or include royalties or sums paid periodically for or in respect of any copyright and immediately before the date of one such payment he is in receipt of income support, that payment (“the royalty payment”) shall be taken into account over such number of weeks as is equal to the number obtained (and any fraction shall be treated as a corresponding fraction of a week) by dividing the amount of the royalty payment by—
(a)
(a) unless sub-paragraph (b) applies, the weekly amount of income support which would have been paid to him, had...
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