| Circular SWSG15/94 - Community Care: National
Assistance (Assessment of Resources) (Amendment No.2) Regulations 1994 - Regulations and
Guidance
SECTION 3 - TEMPORARY RESIDENTS
Who is a temporary resident?
3.001 The definition of temporary resident allows the local
authority to regard a person’s stay as temporary if it is likely to last for any
period not exceeding 52 weeks, or in exceptional circumstances , is unlikely to
substantially exceed 52 weeks.
Reg 2(1)
3.002 In deciding whether to treat a resident as temporary,
it will be helpful to find out whether:
a) he receives Income Support which includes an amount in
respect of home commitments; and/or
b) Housing Benefit continues to be paid in respect of his
home address.
3.003 Where a temporary resident has a partner their
resources cannot be jointly assessed (see Section 4).
3.004 It must be recognised that a stay, which was
initially expected to be permanent, may turn out to be temporary (eg the resident’s
condition improves dramatically when it was not expected to do so). In such cases, it
would be unreasonable to continue to apply to that resident any rules which would have
affected him as a permanent resident (eg treatment of the former dwelling, in particular
the placing of a charge on the resident’s interest in the property).
3.004A It must also be recognised that a stay, which was
initially expected to be temporary, may turn out to be permanent. In such cases, it would
be unreasonable to assess the resident’s charge as if he was a permanent resident
from the outset (eg take into account AA/DLA) as these resources may no longer be
available to the resident. Assessment as a permanent resident should, therefore, begin
from the date it is agreed that the stay is to become permanent.
Charging for temporary stay
Up to 8 weeks
3.005 An assessment of ability to pay is not required for
the first 8 weeks of a temporary stay. It will be for the local authority to decide in
each case whether to make an assessment. Where the local authority decides it is
appropriate to make an assessment, follow the guidance in Sections 4 to 13. Where no
assessment is made, the charge is the amount it appears reasonable to the local authority
for the resident to pay
Section 22 (5) A
After 8 weeks
3.006 After 8 weeks, the local authority must charge the
resident the standard rate for the accommodation and carry out an assessment of his
ability to pay.
Assessing ability to pay
3.007 If the local authority decide to make an assessment
straight away, or from the eighth week, his ability to pay should be assessed in
accordance with the following paragraphs.
Capital
3.008 Disregard the dwelling normally occupied as the
resident’s home where:
a. the resident intends to return to occupy that dwelling
and that the dwelling is still available to him; or
b. he is taking reasonable steps to dispose of the property
in order to acquire another more suitable home for him to return to.
Schedule 4 para 1
For all other capital assets, follow the guidance in
Section 6.
Income
3.009 If Income Support is in payment., check, from the
resident’s notice of award of Income Support, whether the benefit includes an amount
in respect of housing costs. If it does, disregard the amount allowed. Income Support may
be paid for home commitments for up to 52 weeks on admission to residential accommodation.
Schedule 3, para 26
3.010 If Housing Benefit is in payment in respect of the
home address, disregard the amount of Housing Benefit in full.
Schedule 3, para 3
3.011 Income Support and Housing Benefit may not meet the
full cost of continuing home commitments. Where there are extra costs, disregard such
additional amount as appears reasonable. Extra costs might be:
• a fixed heating charge
• water rates
• mortgage payment or rent not met by IS/HB
• insurance premiums
• service charges not met by IS/HB
Schedule 3, para 27
3.012 Where neither Income Support nor Housing Benefit are
in payment in respect of the home address, assess the resident’s income in accordance
with Sections 8 and 9, and then disregard from the total such amount as appears reasonable
to allow in respect of home commitments. Such expenses might be:
• interest charges on |
