Statutory Instruments
2001 No. 3069
NATIONAL ASSISTANCE SERVICES, ENGLAND
The National Assistance (Residential Accommodation) (Relevant Contributions) (England) Regulations 2001
Made
10th September 2001
Laid before Parliament
10th September 2001
Coming into force
1st October 2001
The Secretary of State for Health, in exercise of the powers conferred by section 55(7) of the Health and Social Care Act 2001( 1 ) and of all other powers enabling him in that behalf, hereby makes the following Regulations:—
Citation, commencement, interpretation and extent
1. —(1) These Regulations may be cited as the National Assistance (Residential Accommodation) (Relevant Contributions) (England) Regulations 2001, and shall come into force on 1st October 2001.
(2) In these Regulations—
“the 2001 Act” means the Health and Social Care Act 2001 ;
“the Act” means the National Assistance Act 1948 ( 2 );
“the Assessment Regulations” means the National Assistance (Assessment of Resources) Regulations 1992 ( 3 ); and
“resident” means a person whom the local authority have assessed under section 47 of the National Health Service and Community Care Act 1990 ( 4 ) as needing accommodation pursuant to section 21 of the Act.
(3) These Regulations extend to England only( 5 ).
Relevant contributions
2. —(1) For the purposes of section 55 of the 2001 Act, relevant contributions shall be the part of the payments that the resident is liable to pay to the local authority that shall be determined by calculating the difference between—
(a) the payments that the resident is liable to pay to the local authority, calculated in accordance with the Assessment Regulations, and
(b) the payments that the resident is liable to pay to the local authority, calculated in accordance with the Assessment Regulations, but not taking into account the value of the resident’s beneficial interest in the property which he occupies or formerly occupied as his only or main residence.
Signed by authority of the Secretary of State for Health
Jacqui Smith
Minister of State,
Department of Health
10th September 2001
1948 c. 29 .
S.I. 1992/2977 ; S.I. 1992/2977 has been amended by S.I. 1993/964 ; S.I. 1993/2230 ; S.I. 1994/825 ; S.I. 1994/2386 ; S.I. 1995/858 ; S.I. 1995/3054 ; S.I. 1996/602 ; S.I. 1997/485 ; S.I. 1998/497 ; S.I. 1998/1730 ; S.I. 2001/58 ; S.I. 2001/1066 ; and S.I. 2001/1124 .
Although section 55 of the 2001 Act extends to both England and Wales, these Regulations are made by the Secretary of State who is the relevant authority empowered to make regulations for England only, see section 66 of the 2001 Act.