Regulation 10 Calculation of tariff income from capital

in paragraph (1) at the beginning there shall be inserted “Except in a case to which paragraph (1B) applies,”;

after paragraph (1) there shall be inserted the following paragraphs—

“(1A)

In the case of a claimant to whom paragraph (1B) applies and whose capital calculated in accordance with Chapter VI of this Part exceeds £10,000 it shall be treated as equivalent to a weekly income of £1 for each complete £250 in excess of £10,000 but not exceeding £16,000.

(1B)

This paragraph applies where the claimant lives permanently in—

(a)

a residential care or nursing home, or residential accommodation and that home or accommodation provides board and personal care for the claimant by reason of his disablement, past or present dependence on alcohol or drugs, or past or present mental disorder, or

(b)

an establishment run by the Abbeyfield Society including all bodies corporate or incorporate which are affiliated to that Society.

(1C)

For the purpose of paragraph (1B), a claimant shall be treated as living permanently in such home or accommodation where he is absent from that home or accommodation for a period not exceeding 13 weeks.”;

in paragraphs (2) and (3) for “paragraph (1)” in each place where those words occur there shall be substituted “paragraphs (1) and (1A)”, and

after paragraph (3) there shall be added the following paragraph—

“(4)

In its application to this regulation, the definition of “residential accommodation” in regulation 85(4) (special cases) shall have effect as if for “paragraphs (5) and (6)” there were substituted “paragraph (5)”.”.