The Jobseeker’s Allowance Regulations 1996

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.

Textual Amendments

F3Words in Sch. 7 para. 32(1) omitted (for specified purposes and with effect in accordance with reg. 1(4) of the amending S.I.) by virtue of The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2006 (S.I. 2006/2378), reg. 13(12)(d)