The Care and Support (Charging and Assessment of Resources) (Amendment) Regulations 2020

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Statutory Instruments

2020 No. 112

Social Care, England

The Care and Support (Charging and Assessment of Resources) (Amendment) Regulations 2020

Made

3rd February 2020

Laid before Parliament

4th February 2020

Coming into force

25th February 2020

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 17(7), (11)(b), (12) and 125(7) of the Care Act 2014(1).

Citation and Commencement

1.  These Regulations may be cited as the Care and Support (Charging and Assessment of Resources) (Amendment) Regulations 2020 and come into force on 25th February 2020.

Amendment of the Care and Support (Charging and Assessment of Resources) Regulations 2014

2.  In Schedule 2 to the Care and Support (Charging and Assessment of Resources) Regulations 2014(2) (capital to be disregarded), after paragraph 36(3) insert-

"37.  An ex-gratia payment of £20,000 to a former child migrant from the scheme established by Her Majesty's Government for former British child migrants in response to the Investigation Report on Child Migration Programmes(4) by the Independent Inquiry into Child Sexual Abuse published on 1st March 2018, and which opened for applications on 1st March 2019.".

Signed by authority of the Secretary of State for Health and Social Care.

Caroline Dinenage

Minister of State,

Department of Health and Social Care

3rd February 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Care and Support (Charging and Assessment of Resources) Regulations 2014 (S.I. 2014/2672).

Regulation 2 provides that payments to a former child migrant made from the scheme established by Her Majesty's Government for former British child migrants in response to the Investigation Report on Child Migration Programmes by the Independent Inquiry into Child Sexual Abuse published on 1st March 2018 are to be ignored in the calculation of an adult's capital for the purpose of an assessment of that adult's financial resources.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

(2)

S.I. 2014/2672, to which there are amendments not relevant to these Regulations.

(3)

Paragraph 36 was inserted by S.I. 2018/687.

(4)

ISBN 978-1-5286-0342-3 https://www.iicsa.org.uk/key-documents/4265/view/child-migration-programmes-investigation-report-march-2018.pdf. Hard copies may be obtained from Child Migrant Policy, Department of Health and Social Care, 6th Floor, 39 Victoria Street, London, SW1A 0EU.


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