NATIONAL ASSISTANCE SERVICES, ENGLAND Citation, commencement, interpretation and application 1 1 These Regulations may be cited as the National Assistance (Assessment of Resources) (Amendment) (No. 2) (England) Regulations 2003 and shall come into force on 6th October 2003. 2 In these Regulations “the principal Regulations ” means the National Assistance (Assessment of Resources) Regulations 1992 . 3 These Regulations apply to England only . Amendment of regulation 2 of the principal Regulations 2 In paragraph (1) of regulation 2 of the principal Regulations (interpretation)— a insert the following definitions at the appropriate place: “the Pension Credit Regulations ” means the State Pension Credit Regulations 2002 ; ; “savings credit” means a savings credit under the State Pension Credit Act 2002 ; ; b for the definition of “less dependent resident” substitute— “less dependent resident” means a resident who is in, or for whom accommodation is proposed to be provided in, premises which are not an establishment which is carried on or managed by a person who is registered under Part II of the Care Standards Act 2000 ; . Amendment of Schedule 3 to the principal Regulations 3 In Schedule 3 to the principal Regulations (sums to be disregarded in the calculation of income other than earnings)— a in paragraph 17— i in sub-paragraph (a) after “(permitted allowances)” insert “or paragraph 3 of Schedule 4 to the Adoption and Children Act 2002 ”; ii at the end add the following sub-paragraph— 2 Any payment, other than a payment to which sub-paragraph (1)(a) applies, made to the resident in accordance with regulations made under paragraph 3 of Schedule 4 to the Adoption and Children Act 2002. ; b after paragraph 28G, insert the following paragraphs— 28H 1 Where a resident is in receipt of savings credit as a person who has no partner and has qualifying income not exceeding the standard minimum guarantee— a the amount of that savings credit where the amount received is £4.50 or less; or b £4.50 of that savings credit where the amount received is greater than £4.50. 2 Where a resident— a has no partner; b has attained the age of 65; and c has qualifying income in excess of the standard minimum guarantee, a sum of £4.50. 3 Where a resident is in receipt of savings credit as a person who has a partner and has qualifying income not exceeding the standard minimum guarantee— a the amount of that savings credit where the amount received is £6.75 or less; or b £6.75 of that savings credit where the amount received is greater than £6.75. 4 Subject to sub-paragraph (5) where a resident— a has a partner; b has— i attained the age of 65; or ii has attained the qualifying age and his partner has attained the age of 65; and c has qualifying income in excess of the standard minimum guarantee, a sum of £6.75. 5 Where the sum referred to in sub-paragraph (4) has been disregarded in the assessment of the resident’s partner’s income under these Regulations, sub-paragraph (4) does not apply to the resident. 6 For the purposes of this paragraph— a a resident has a partner if he would be considered to have a partner for the purposes of the Pension Credit Regulations ; b “qualifying age” has the same meaning as in section 1(6) of the State Pension Credit Act 2002 ; c “qualifying income” shall be construed in accordance with regulation 9 of the Pension Credit Regulations and for the purposes of sub-paragraphs (3) and (4) the resident’s qualifying income shall include any qualifying income of his partner; d “standard minimum guarantee” means, for the purposes of— i sub-paragraphs (1) and (2), the amount prescribed by regulation 6(1)(b) of the Pension Credit Regulations; and ii sub-paragraphs (3) and (4), the amount prescribed by regulation 6(1)(a) of the Pension Credit Regulations 2002. 28I Any payment made to a temporary resident in lieu of concessionary coal pursuant to section 19(1)(b) or (c) of the Coal Industry Act 1994. . Amendment of Schedule 4 to the principal Regulations 4 In Schedule 4 to the principal Regulations (capital to be disregarded) after paragraph 23, add the following paragraph— 24 Any payment made to the resident in accordance with regulations made under paragraph 3 of Schedule 4 to the Adoption and Children Act 2002. . Signed by authority of the Secretary of State for Health Stephen Ladyman Parliamentary Under Secretary of State, Department of Health 11th September 2003