The Employment and Support Allowance Regulations (Northern Ireland) 2008

33.—(1) Subject to sub-paragraphs (2) and (3), in the case of a claimant residing in a residential care home, a nursing home, an Abbeyfield Home or an independent hospital, any payment, except a charitable or voluntary payment disregarded under paragraph 15 made to the claimant which is intended to be used and is used to meet the cost of maintaining the claimant in that home or hospital.

(2) This paragraph does not apply to a claimant for whom accommodation in a residential care home, a nursing home, an Abbeyfield Home or an independent hospital is provided by the Department of Health, Social Services and Public Safety under Article 15 or 36 of the Health and Personal Social Services Order.

(3) The amount to be disregarded under this paragraph is not to exceed the difference between—

(a) the claimant’s applicable amount; and

(b) the weekly charge for the accommodation.