
1 

(1) These regulations may be cited as the Health and Personal Social Services (Assessment of Resources) (Amendment) Regulations (Northern Ireland) 1996 and shall come into operation on 8th April 1996.
(2) In these regulations “the principal regulations” means the Health and Personal Social Services (Assessment of Resources) Regulations (Northern Ireland) 1993.
2 
In regulation 2(1) of the principal regulations (interpretation) after the definition of “mobility supplement” there shall be inserted the following definition—“
 “occupational pension” means any pension or other periodical payment under an occupational pension scheme but does not include any discretionary payment out of a fund established for relieving hardship in particular cases;”.
3 
In regulation 20 (capital limit) for the words from “exceeds the amount” to the end there shall be substituted the words “exceeds £16,000.”
4 
For regulation 28 (calculation of tariff income from capital) there shall be substituted the following regulation—“
28 

(1) Where a resident’s capital calculated in accordance with this Part exceeds £10,000 it shall be treated as equivalent to a weekly income of £1 for each complete £250 in excess of £10,000 but not exceeding £16,000.
(2) Notwithstanding paragraph (1), where any part of the excess is not a complete £250 that part shall be treated as equivalent to a weekly income of £1.
(3) For the purposes of paragraph (1), capital includes any income treated as capital under regulations 22 and 34 (income treated as capital and liable relative payments) respectively.”.
5 
In Schedule 3 (sums to be disregarded in the calculation of income other than earnings) after paragraph 10 there shall be inserted the following paragraph—“
10A 

(1) Subject to subparagraphs (2) and (3), where a resident—
(a) is not residing with his spouse, and
(b) at least 50 per cent. of any occupational pension of his is being paid to or in respect of his spouse, for that spouse’s maintenance,
an amount equal to 50 per cent. of the pension or pensions concerned.
(2) Where a resident is entitled to more than one occupational pension, those pensions shall be aggregated for the purpose of subparagraph (1).
(3) This paragraph shall not have effect in respect of that part of any occupational pension to which the resident’s spouse is legally entitled, whether under a court order or not.”
6 
For paragraph 4 of Schedule 4 to the principal regulations (capital to be disregarded) there shall be substituted the following paragraph:“
4 
Any future interest in property which would be disregarded under paragraph 5 of Schedule 10 to the Income Support Regulations (future interests in property other than in certain land or premises).”.
Sealed with the Official Seal of the Department of Health and Social Services on
Paul A. Conliffe
Assistant Secretary
8th March 1996.