| CIRCULAR SWSG4/94 5455
THE CIRCULAR IS RETAINED. SEE SWSG8/96 FOR CURRENT
GUIDANCE 5455
9 May 1994
Dear Colleague
COMMUNITY CARE: NATIONAL ASSISTANCE (ASSESSMENT OF
RESOURCES) (AMENDMENT) REGULATIONS 1994: REGULATIONS AND GUIDANCE
Summary
1. This Circular advises local authorities of regulations
amending the National Assistance (Assessment of Resources) Regulations 1992, which local
authorities are required to apply to the financial assessment of adults placed in the
residential and nursing home accommodation. Consequential amendments have been made to the
guidance on the Regulations; these amendments are enclosed as an Annex to this Circular.
See Circular SWSG5/94 issued on 21 January 1994.
Action
2. Local authorities should substitute the guidance
amendments for the pages already in the guidance and should initial and date the Records
of Amendments sheet at the back of the guidance to indicate that this has been done.
Background to the amendments
3. Amendments to the National Assistance (Assessment of
Resources) Regulations 1992 have been made in order to maintain alignment with the Income
Support rules. The amendments provide for a disregard of increases in contributory
benefits in respect of dependants who do not live with the resident where that increase is
being passed on to the dependant. They also provide for disregards on income from boarders
or sub-tenants to apply even where the payment is being made by a third party. The details
are set out in the annexed amendment guidance pages.
4. Other amendments to the regulations have been made to
clarify the policy intention of alignment. These are the disregard of the value of
property of a temporary resident where that property is up for sale and it is intended
that the proceeds be used to purchase more suitable accommodation for the resident to live
in; and the re-calculation of the charge where someone, who has been paying a Protected
amount, receives a capital sum which takes their total capital over £8,000. Details of
these amendments are also set out in the annexed amendment guidance pages.
5 Annex D of the guidance has been amended to reflect the
new understanding of the rules affecting Attendance Allowance (AA) and Disability Living
Allowance (DLA) (Care). Local authorities should remember that Annex D is a guide only and
not an authoritative statement of the law.
Regulations
6. Copies of the Regulations mentioned in this Circular can
be obtained from HMSO, 71 Lothian Road, Edinburgh.
Contact Point
7. Please direct any enquiries concerning this Circular or
the guidance to
Mr Trevor Hall, Social Work Services Group, Room 44, James
Craig Walk, Edinburgh
EH1 3BA (telephone 0131 244 5455).
Yours faithfully
GAVIN ANDERSON |
