The Social Security (Care Homes and Independent Hospitals) Regulations 2005

9.  For sub-paragraph (4) of paragraph 7 (protected persons) of Schedule 3A (protected sum) M1 substitute—

“(4) Paragraph 6(b) shall not apply to a protected person if—

(a) he moves to accommodation where he—

(i) satisfies condition (i) or (iii) of sub-paragraph (1)(b);

(ii) is receiving both board and personal care other than in a care home or an independent hospital;

(b) he becomes a patient within the meaning of regulation 21(3);

(c) on his ceasing to be a patient within the meaning of regulation 21(3) either—

(i) he returns to the accommodation which he occupied immediately before he became a patient; or

(ii) he moves to other accommodation where he—

(aa) satisfies condition (i) or (iii) of sub-paragraph (1)(b); or

(bb) is receiving both board and personal care other than in a care home or an independent hospital; or

(d) in a case to which sub-paragraph (6) applies, on his becoming re-entitled to income support, he is in—

(i) the accommodation which he occupied immediately before he ceased to be entitled to income support; or

(ii) accommodation where he—

(aa) satisfies condition (i) or (iii) of sub-paragraph (1)(b); or

(bb) is receiving both board and personal care other than in a care home or an independent hospital.”.

Marginal Citations

M1 Schedule 3A was inserted by S.I. 1988/1455. Sub-paragraph (4) of paragraph 7 was amended by S.I. 1988/2022.