Paragraph 10 Nursing Homes
Where more than one amount would otherwise be applicable, in accordance with paragraph 9, to a claimant in a home for persons in need or a nursing home, the appropriate amount in any case shall be determined in accordance with sub-paragraphs (2) to (4).
Where the home is a home for persons in need registered under Article 35 of, and Schedule 5 to, the 1972 Order and where the personal care that the claimant is receiving corresponds to the care received by a category of residents for whom the register indicates that the home provides accommodation, the appropriate amount shall be the amount, in paragraph 6 or 8, as the case may be, as is consistent with that personal care.
Where the home is a home for persons in need which is so registered but where the personal care that the claimant is receiving does not correspond to the care received by a category of residents for whom the register indicates that the home provides accommodation, die appropriate amount shall be the lesser or least amount, in paragraph 6 or 8, as the case may be, as is consistent with those categories.
In any case not falling within sub-paragraph (2) or (3), the appropriate amount shall be whichever amount of the amounts applicable in accordance with paragraphs 6 or 7 and 9 is, having regard to the types of personal care that the home provides, most consistent with the personal care being received by the claimant in that accommodation.