SCHEDULES

SCHEDULE 7 SUMS TO BE DISREGARDED IN THE CALCULATION OF INCOME OTHER THAN EARNINGS

32.

(1)

Subject to sub-paragraphs (2) and (3), in the case of a claimant F1residing in a care home, an Abbeyfield Home or an independent hospital, any payment, F2except a charitable or voluntary payment disregarded under paragraph 15 F3..., made to the claimant which is intended to be used and is used to meet the cost of maintaining the claimant in that home F4or hospital.

(2)

This paragraph shall not apply to a claimant for whom accommodation in a F5care home, an Abbeyfield Home or an independent hospital is provided by

F6(a)

a local authority under section 26 of the National Assistance Act 1948 or section 59 of the Social Work (Scotland) Act 1968F7.... F8or

(b)

a person other than a local authority under arrangements made with the person by a local authority in the exercise of the local authority’s functions under section 18 or 19 of the Care Act 2014 (duty and power to meet needs for care and support) F9or under section 35 or 36 of the Social Services and Well-being (Wales) Act 2014 (duty and powers to meet care and support needs of an adult).

(3)

The amount to be disregarded under this paragraph shall not exceed the difference between—

F10(a)

the claimant’s applicable amount; and

(b)

the weekly charge for the accommodation.