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32.—(1) Subject to sub-paragraphs (2) and (3), in the case of a claimant in a residential care home or nursing home, any payment, whether or not the payment is charitable or voluntary but not a payment to which paragraph 16 applies, made to the claimant which is intended to be used and is used to meet the cost of maintaining the claimant in that home.
(2) This paragraph shall not apply to a claimant for whom accommodation in a residential care home or nursing home is provided by the Department under Article 15 or 36 of the 1972 Order or whose applicable amount falls to be calculated in accordance with regulation 86 (residential care and nursing homes).
(3) The amount to be disregarded under this paragraph shall not exceed the difference between—
(a)the claimant’s applicable amount less any of the amounts referred to in paragraph 10 of Schedule 3 (personal allowances) which would be applicable to the claimant if his applicable amount fell to be calculated in accordance with that Schedule, and
(b)the weekly charge for the accommodation.
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