S.L. 318.13 Art. 3Rates of payment.

(1) Any resident who prior to 3rd January 2004 was already in a state-financed residential service and was receiving level 1 care, in accordance with regulation 2(2)(a), shall contribute 60% of any pension, social assistance and bonus receivable, net of income tax, and 60%, of any other income received during the calendar year immediately preceding the year in which the assessment of such other income is made for the purposes of these regulations, net of income tax:

Provided that the total contribution shall not exceed €24.46 per diem, or be such to leave such resident with less than €1,397.62 per annum at the resident’s disposal.

(2) Any resident who prior to 3rd January 2004 was already in a residential service, and was receiving level 2 care, in accordance with regulation 2(2)(b), shall contribute 80% of any pension, social assistance and bonus receivable, net of income tax, and 60%, of any other income received during the calendar year immediately preceding the year in which the assessment of such other income is made for the purposes of these regulations, net of income tax:

Provided that the total contribution shall not exceed €31.45 per diem, or be such as to leave such resident with less than €1,397.62 per annum at the resident’s disposal.

(3) Any resident who becomes a resident of such residential service on or after 3rd January 2004, and who is receiving level 1 care, in accordance with regulation 2(2)(a), shall contribute 60% of any pension, social assistance and bonus receivable, net of income tax, and 60% of any other income received during the calendar year immediately preceding the year in which the assessment of such other income is made for the purposes of these regulations, net of income tax:

Provided that such contribution made by the resident shall not be such as to leave the resident with less than €1,397.62 per annum at the resident’s disposal.

(4) Any resident who becomes a resident of such residential service on or after 3rd January 2004, and who is receiving level 2 care, as specified above, shall contribute 80% of any pension, social assistance and bonus receivable, net of income tax, and 60% of other any income received during the calendar year immediately preceding the year in which the assessment of such other income is made for the purposes of these regulations net of income tax:

Provided that such contribution made by the resident shall not be such as to leave the resident with less than €1,397.62 per annum at the resident’s disposal.

(5) Any person who becomes a resident of such residential service who is:

(a) receiving level 1 care, in accordance with regulation 2(2)(a), shall contribute 40% of any pension, social assistance and bonus receivable, net of income tax, and 40% of any other income received during the calendar year immediately preceding the year in which the assessment of such other income is made for the purposes of these regulations, net of income tax, provided such person returns to the Housing Authority, the rented residential property from the Housing Authority upon becoming a resident of such residential service; and

(b) receiving level 2 care, in accordance with regulation 2(2)(a), shall contribute 60% of any pension, social assistance and bonus receivable, net of income tax, and 40% of any other income received during the calendar year immediately preceding the year in which the assessment of such other income is made for the purposes of these regulations, net of income tax, provided such person returns to the Housing Authority, the rented residential property from the Housing Authority upon becoming a resident of such residential service.

(6) For the purposes of these regulations where such resident is a married person and the community of acquests exists between the spouses, the term all other income shall in all cases include half the income deriving to the community of acquests.

(7) Where in accordance with article 96 of the Act payments of benefits under that Act are split between spouses, the reference to pension, social assistance, allowance and bonus in the foregoing paragraphs of these regulations shall be deemed not to include such part of such pension, social assistance, allowance or bonus payable to the spouse of the resident according to the said article 96.