The Health and Personal Social Services (Assessment of Resources) (Amendment No. 2) Regulations (Northern Ireland) 2003

Made30th September 2003

Coming into operation6th October 2003

The Department of Health, Social Services and Public Safety1, in exercise of the powers conferred on it by Articles 36(6) and 99(5) of the Health and Personal Social Services (Northern Ireland) Order 19722 and of all other powers enabling it in that behalf, hereby makes the following regulations:

Citation, commencement and interpretation1

1

These regulations may be cited as the Health and Personal Social Services (Assessment of Resources) (Amendment No. 2) Regulations (Northern Ireland) 2003 and shall come into operation on 6th October 2003.

2

In these regulations “the principal regulations” means the Health and Personal Social Services (Assessment of Resources) Regulations (Northern Ireland) 19933.

Amendment of regulation 2 of the principal regulations2

In paragraph (1) of regulation 2 of the principal regulations (interpretation) insert the following definitions at the appropriate place:

“the Pension Credit Regulations” means the State Pension Credit Regulations (Northern Ireland) 20034

“savings credit” means a savings credit under the State Pension Credit Act (Northern Ireland) 20025;

Amendment of Schedule 3 to the principal regulations3

In Schedule 3 to the principal regulations (sums to be disregarded in the calculation of income other than earnings) after paragraph 27G, insert the following paragraph –

27H
1
Where a resident is in receipt of savings credit as a person who has no partner and has qualifying income not exceeding the standard minimum guarantee –
a
the amount of that savings credit where the amount received is £4·50 or less; or
b
£4·50 of that savings credit where the amount received is greater than £4·50.
2
Where a resident –
a
has no partner;
b
has attained the age of 65; and
c
has qualifying income in excess of the standard minimum guarantee,
a sum of £4·50.
3
Where a resident is in receipt of savings credit as a person who has a partner and has qualifying income not exceeding the standard minimum guarantee –
a
the amount of that savings credit where the amount received is £6·75 or less; or
b
£6·75 of that savings credit where the amount received is greater than £6·75.
4
Subject to sub-paragraph (5) where a resident –
a
has a partner;
b
has –
i
attained the age of 65; or
ii
has attained the qualifying age and his partner has attained the age of 65; and
c
has qualifying income in excess of the standard minimum guarantee,
a sum of £6·75.
5
Where the sum referred to in sub-paragraph (4) has been disregarded in the assessment of the resident’s partner’s income under these regulations, sub-paragraph (4) does not apply to the resident.
6
For the purposes of this paragraph –
a
a resident has a partner if he would be considered to have a partner for the purposes of the Pension Credit Regulations6;
b
“qualifying age” has the same meaning as in section 1(6) of the State Pension Credit Act (Northern Ireland) 20027;
c
“qualifying income” shall be construed in accordance with regulation 9 of the Pension Credit Regulations and for the purposes of sub-paragraphs (3) and (4) the resident’s qualifying income shall include any qualifying income of his partner;
d
“standard minimum guarantee” means, for the purposes of –
i
sub-paragraphs (1) and (2), the amount prescribed by regulation 6(1)(b) of the Pension Credit Regulations; and
ii
sub-paragraphs (3) and (4), the amount prescribed by regulation 6(1)(a) of the Pension Credit Regulations

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 30th September 2003.

Andrew HamiltonSenior Officer of theDepartment of Health, Social Services and Public Safety

(This note is not part of the Regulations.)

These Regulations make further amendments to the Health and Personal Social Services (Assessment of Resources) Regulations (Northern Ireland) 1993 (“the principal regulations”) which relate to the assessment by Health and Social Services Boards and HSS trusts of the resources of residents in accommodation arranged under Articles 15 and 36 of the Health and Personal Social Services (Northern Ireland) Order 1972.

Regulation 2 inserts two new definitions into the principal regulations.

Regulation 3 provides for up to £4·50 of any savings credit to be disregarded (£6·75 if a couple) where an individual has qualifying income not exceeding the standard minimum guarantee, and a sum of £4·50 (£6·75 if a couple) to be disregarded if an individual has qualifying income above the standard minimum guarantee.

These regulations do not impose a charge on business.