SCHEDULES
C1SCHEDULE 7 SUMS TO BE DISREGARDED IN THE CALCULATION OF INCOME OTHER THAN EARNINGS
16
1
Subject to the following provisions of this paragraph, in the case of a claimant placed in a residential care home or nursing home by a local authority under section 26 of the National Assistance Act 1948 F1, sections 13A, 13B and 59(2)(c) of the Social Work (Scotland) Act 1968 F2 or section 7 of the Mental Health (Scotland) Act 1984 F3 any charitable payment or voluntary payment made or due to be made at regular intervals.
2
This paragraph shall apply only where–
a
the claimant was placed in the residential care or nursing home by the local authority because the home was the preferred choice of the claimant, and
b
the cost of the accommodation was in excess of what the authority would normally expect to pay having regard to the needs of the claimant assessed in accordance with section 47 of the National Health Service and Community Care Act 1990 F4.
3
This paragraph shall not apply in the case of a person whose applicable amounts falls to be calculated under regulation 86 (persons in residential care or nursing homes with preserved rights).
4
The amount to be disregarded under sub-paragraph (1) shall not exceed the difference between the actual cost of the accommodation provided by the local authority and the cost the authority would normally incur for a person with the particular needs of the claimant.
Sch. 7 para. 65 modified (temp.) (29.11.1999) by The Social Security (New Deal Pilot) Regulations 1999 (S.I. 1999/3156), regs. 1(1), 16 (with regs. 1(2), 11, 19)