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

5.  In Schedule 2 (housing costs)—

(a) in paragraph 4 (circumstances in which a person is to be treated as occupying a dwelling as his home)—

(i) in sub-paragraph (7)(c)(iii), after “care home” insert “ or an independent hospital ”;

(ii) for sub-paragraph (8) substitute—

“(8) This sub-paragraph applies to a person who enters a care home or an independent hospital—

(a) for the purpose of ascertaining whether that care home or independent hospital suits his needs, and

(b) with the intention of returning to the dwelling which he normally occupies as his home should, in the event that, the care home or independent hospital prove not to suit his needs,

and while in the care home or independent hospital, the part of the dwelling which he normally occupies as his home is not let, or as the case may be, sub-let to another person.”.

(iii) in sub-paragraph (9) for “accommodation” in both places substitute “ care home or independent hospital ”;

(iv) in sub-paragraph (11)(c), at heads (iii), (vii) and (ix) after “care home” insert “ or an independent hospital ”;

(b) in paragraph 5(1)(b) after “care home” insert “ or an independent hospital ”.