1 Citation, commencement, interpretation and application

(1)    These Regulations may be cited as the National Assistance (Sums for Personal Requirements and Assessment of Resources) Amendment (England) Regulations 2007 and shall come into force on 9th April 2007.

(2)    In these Regulations, “the Assessment Regulations” means the National Assistance (Assessment of Resources) Regulations 1992.

(3)    These Regulations apply in relation to England only.

NOTES
Initial Commencement
Specified date

Specified date: 9 April 2007: see para (1) above.

2 Amendment of regulation 2 of the National Assistance (Sums for Personal Requirements) (England) Regulations 2003

2Amendment of regulation 2 of the National Assistance (Sums for Personal Requirements) (England) Regulations 2003

In regulation 2 (sum needed for personal requirements) of the National Assistance (Sums for Personal Requirements) (England) Regulations 2003, for “£19.60” substitute “£20.45”.

NOTES
Initial Commencement
Specified date

Specified date: 9 April 2007: see reg 1(1).

3 Amendment of regulation 20 of the Assessment Regulations

3Amendment of regulation 20 of the Assessment Regulations

In regulation 20 (capital limit) of the Assessment Regulations, for “£21,000 prescribed for the purposes of section 134(1) of the Contributions and Benefits Act (exclusions from benefit)”, substitute “£21,500”.

NOTES
Initial Commencement
Specified date

Specified date: 9 April 2007: see reg 1(1).

4 Amendment of regulation 28 of the Assessment Regulations

4Amendment of regulation 28 of the Assessment Regulations

In regulation 28(1) (calculation of tariff income from capital) of the Assessment Regulations—

(a)    for “£12,750”, in both places where it occurs, substitute “£13,000”; and

(b)    for “£21,000” substitute “£21,500”.

NOTES
Initial Commencement
Specified date

Specified date: 9 April 2007: see reg 1(1).

5 Amendment of Schedule 3 to the Assessment Regulations

5Amendment of Schedule 3 to the Assessment Regulations

In paragraph 28H of Schedule 3 to the Assessment Regulations (sums to be disregarded in the calculation of income other than earnings)—

(a)    in sub-paragraphs (1) and (2), for “£5.05”, in each place where it occurs, substitute “£5.25”; and

(b)    in sub-paragraphs (3) and (4), for “£7.50”, in each place where it occurs, substitute “£7.85”.

NOTES
Initial Commencement
Specified date

Specified date: 9 April 2007: see reg 1(1).

Signature

Signed by authority of the Secretary of State for Health

Mr Ivan Lewis

Parliamentary Under Secretary of State

Department of Health

7th March 2007

EXPLANATORY NOTE

EXPLANATORY NOTE (This note is not part of the Regulations)

These Regulations, which apply in relation to England only, amend the National Assistance (Sums for Personal Requirements) (England) Regulations 2003 (“the Personal Requirements Regulations”) and the National Assistance (Assessment of Resources) Regulations 1992 (“the Assessment Regulations”).

Regulation 2 amends the Personal Requirements Regulations so that the weekly sum which local authorities in England are to assume, in the absence of special requirements, that residents in accommodation arranged under Part 3 of the National Assistance Act 1948 (“the 1948 Act”) will need for their personal requirements is £20.45.

Regulations 3, 4 and 5 amend the Assessment Regulations which concern the assessment of the liability of a person to pay for residential accommodation that is provided, or proposed to be provided, to him by a local authority under Part 3 of the 1948 Act.

Regulation 3 amends the Assessment Regulations so that the capital limit set out in regulation 20 becomes £21,500.

Regulation 4 amends the Assessment Regulations so that the capital limits set out in regulation 28(1) become £13,000 and £21,500.

Regulation 5 provides for an increase to £5.25 (£7.85 if a resident has a partner) in the amount of any savings credit to be disregarded in accordance with paragraph 28H of Schedule 3 to the Assessment Regulations.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.