OpenLegislation

Paragraph 16 I1

Northern Ireland Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Subject to paragraphs (2) to (4), in the case of a claimant placed in a residential care home or nursing home by the Department under Article 36 of the 1972 Order, any charitable payment or voluntary payment made or due to be made at regular intervals.

(2)

This paragraph shall apply only where—

(a)

the claimant was placed in the residential care home or nursing home by the Department because the home was the preferred choice of the claimant, and

(b)

the cost of the accommodation was in excess of what the Department would normally expect to pay having regard to the needs of the claimant assessed by the Department.

(3)

This paragraph shall not apply in the case of a person whose applicable amount falls to be calculated under regulation 86 (persons in residential care or nursing homes with preserved rights).

(4)

The amount to be disregarded under sub-paragraph (1) shall not exceed the difference between the actual cost of the accommodation provided by the Department and the cost the Department would normally incur for a person with the particular needs of the claimant.

Annotations

Commencement

I1

Sch. 6 para. 16 in operation at 7.10.1996, see reg. 1(1)