Regulation 9 Amendment of regulation 19 of the General RegulationsI1

for paragraph (1) there shall be substituted the follow paragraphs—

“(1)

Subject to regulation 22 (reduction of applicable amounts) where—

(a)

the claimant lives in a residential care home or nursing home; or

(b)

if the claimant is a member of a family, he and the members of his family live in such a home,

his weekly applicable amount shall, except in a case to which regulation 21 (applicable amounts in special cases) or Part II of Schedule 4 (persons to whom regulation 19 does not apply) applies, be calculated in accordance with Part I of that Schedule.

(1A)

For the purposes of paragraph (1)(b) a claimant and the members of his family are to be taken as living in a residential care home or nursing home even during periods when one or more members of the family are temporarily absent from the home but only if the claimant or his partner is living in the home during any such period.”;

in paragraph (3)—