| CIRCULAR SWSG15/94 5455
THE CIRCULAR IS RETAINED. SEE SWSG8/96 FOR CURRENT
GUIDANCE
30 November 1994
Dear Colleague
COMMUNITY CARE: NATIONAL ASSISTANCE (ASSESSMENT OF
RESOURCES) (AMENDMENT N0 2) 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
residential and nursing home accommodation. The amendment regulations came into effect on
3 October 1994. Consequential amendments have been made to the guidance on the
regulations; these amendments are enclosed as an Annex to this Circular. In addition, the
circular contains new advice which is not covered in the guidance. See Circulars SWSG5/94
and SWSG4/94.
Action
2. Local authorities should substitute the guidance
amendments at the Annex to the Circular for the corresponding 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 to the regulations
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 the continuing disregard of War Widows Special
Payments which are now paid by the DSS rather than the Ministry of Defence. The details
are set out in the attached annexed amendment pages to the Guidance.
4. The other amendment to the regulations corrects the
numbering at paragraph 28 of Schedule 3, made in the previous amendment.
Other changes to the guidance
Temporary Residents
5. A minor typographical amendment has been made to Section
3 paragraph 3.003.
Treatment of Couples
6. Section 4 has been amended to clarify the distinction
between the reference to local authority treatment of couples and the treatment of couples
for Income Support (paragraphs 4.004 to 4.019), which is provided for information only.
The amendments also clarify the position regarding couples’ liability to maintain
each other under Section 42 of the National Assistance Act 1948.
Treatment of Annuity Income
7. In an appeal against an Income Support decision, a
Commissioner ruled on the treatment of income from an annuity purchased by a third party
to provide an income for an Income Support claimant. Details of the treatment of such
income have been amended in the annexed guidance pages. (See paragraph 8.014).
Down-Rating of Benefits for Hospital In-Patients
8. The guide to hospital down-rating at Annex E has been
amended to show the percentage decrease in benefits when someone enters hospital from
residential accommodation, instead of the actual amounts.
Other advice which is not contained in the guidance
Deductions from Social Security Benefits
9. Where a deduction is being made from a social security
benefit (eg to repay a Social Fund loan, or an overpayment), local authorities are
required to take into account the gross amount of benefit which would be payable if no
such deductions were being made. The reason for this is that if the LA were to take into
account the actual amount payable it would have the effect of the LA re-paying the loan or
overpayment instead of the resident. The LA may find it useful to liaise with the Benefits
Agency to ensure that the level of deductions do not result in the resident being left
with a very small amount of personal expenses allowance once the charges for accommodation
have been paid.
Residents Paying Maintenance
10. Where a resident is making a payment for the
maintenance of a child (whether arranged through the Child Support Agency or through a
Court) or where maintenance is being paid to a former partner, LAs could consider liaising
with the Child Support Agency or Court to obtain a reduction in the amount of maintenance
payable rather than increasing the personal expenses allowance to enable the resident to
pay the original level of maintenance.
Regulations
11. Copies of the Regulations mentioned in this Circular
can be obtained from HMSO, 71 Lothian Road, Edinburgh.
Contact Point
12. Please direct any enquires about this Circular or
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 |
