9. The appropriate amount applicable to a claimant in a residential care home or nursing home shall, subject to paragraph 10, be determined—
(a)where the home is a residential care home registered under Part I of the Registered Homes Act 1984(1), by reference to the particulars recorded in the register kept by the relevant registration authority for the purposes of that Act; or
(b)where the home is a residential care home not so registered or a nursing home, by reference to the type of care which, taking into account the facilities and accommodation provided, the home is providing to the claimant.