The Employment and Support Allowance Regulations 2008

34.—(1) Subject to sub-paragraphs (2) and (3), in the case of a claimant residing in a care home, an Abbeyfield Home or an independent hospital, any payment, except a charitable or voluntary payment disregarded under paragraph 16 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. E+W+S

(2) This paragraph does not apply to a claimant for whom accommodation in a care home, an Abbeyfield Home or an independent hospital is provided by—

[F1 (a)] a local authority under section 26 of the National Assistance Act 1948; [F2 or]

[F2 (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).]

(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.

Textual Amendments

F1 Words in Sch. 8 para. 34(2)(a) renumbered as. Sch. 8 para. 34(2)(a) (1.4.2015) by The Care Act 2014 (Consequential Amendments) (Secondary Legislation) Order 2015 (S.I. 2015/643), art. 1(2), Sch. para. 29(3)(c)(i) (with art. 4)

F2 Sch. 8 para. 34(2)(b) and word inserted (1.4.2015) by The Care Act 2014 (Consequential Amendments) (Secondary Legislation) Order 2015 (S.I. 2015/643), art. 1(2), Sch. para. 29(3)(c)(ii) (with art. 4)