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

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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

M1Schedule 3A was inserted by S.I. 1988/1455. Sub-paragraph (4) of paragraph 7 was amended by S.I. 1988/2022.

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