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8.—(1) Where more than one amount would otherwise be applicable, in accordance with paragraph 7, to a claimant in a residential care home or a nursing home, the appropriate amount in any case shall be determined in accordance with sub-paragraphs (2) to (4).
(2) Where the home is a residential care home registered under Part II of the Registered Homes Order and where the personal care that the claimant is receiving corresponds to the care received by a category of residents for whom the register indicates that the home provides accommodation, the appropriate amount shall be the amount, in paragraph 5, as is consistent with that personal care.
(3) Where the home is a residential care home which is so registered but where the personal care that the claimant is receiving does not correspond to the care received by a category of residents for whom the register indicates that the home provides accommodation, the appropriate amount shall be the lesser or least amount, in paragraph 5, as is consistent with those categories.
(4) In any case not falling within sub-paragraph (2) or (3), the appropriate amount shall be whichever amount of the amounts applicable in accordance with paragraph 5, 6 or 7 is, having regard to the types of personal care that the home provides, most consistent with the personal care being received by the claimant in that accommodation.
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