Statutory Instruments
2012 No. 2336
National Assistance Services, England
The National Assistance (Assessment of Resources) Amendment (England) Regulations 2012
Made
11th September 2012
Laid before Parliament
17th September 2012
Coming into force
29th October 2012
The Secretary of State, in exercise of the powers conferred by section 22(5) of the National Assistance Act 1948( 1 ), makes the following Regulations:
Citation, commencement and interpretation
1. —(1) These Regulations may be cited as the National Assistance (Assessment of Resources) Amendment (England) Regulations 2012 and shall come into force on 29th October 2012.
(2) In these Regulations “the principal Regulations” means the National Assistance (Assessment of Resources) Regulations 1992( 2 ).
Amendment of Schedule 3 to the principal Regulations
2. In Schedule 3 to the principal Regulations (sums to be disregarded in the calculation of income other than earnings)—
(a) in paragraph 11, after “Income Support Regulations (specified pensions)” insert—
“ save for paragraph 16(cc) ” ;
after paragraph 11 insert—
“ 11A. Any guaranteed income payment referred to in article 15(1)(c) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 ( 3 ) .
11B. Subject to paragraph 31, £10 of any survivor’s guaranteed income payment referred to in article 29(1)(a) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 and, if the amount of that payment has been abated to less than £10 by a pension falling within article 39(1)(a) of that Order, so much of that pension as would not, in aggregate with the amount of any survivor’s guaranteed income payment disregarded, exceed £10. ” ; and
in paragraph 31, for “paragraph 11” substitute “paragraphs 11 and 11B”.
Signed by authority of the Secretary of State for Health.
Norman Lamb
Minister of State,
Department of Health
11th September 2012
1948 c. 29 . Section 22(5) was amended by paragraph 2(1) of Schedule 4 to the Social Security Act 1980 (c.30) and by paragraph 32(2) of Schedule 10 to the Social Security Act 1986 (c.50) . Functions of the Secretary of State, so far as exerciseable in relation to Wales, were transferred to the National Assembly for Wales, by article 2 of Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 ( S.I. 1999/672 ).