Paragraph 9

For sub-paragraph (4) of paragraph 7 (protected persons) of Schedule 3A (protected sum) M1 substitute—

“(4)

Paragraph 6(b) shall not apply to a protected person if—

(a)

he moves to accommodation where he—

(i)

satisfies condition (i) or (iii) of sub-paragraph (1)(b);

(ii)

is receiving both board and personal care other than in a care home or an independent hospital;

(b)

he becomes a patient within the meaning of regulation 21(3);

(c)

on his ceasing to be a patient within the meaning of regulation 21(3) either—

(i)

he returns to the accommodation which he occupied immediately before he became a patient; or

(ii)

he moves to other accommodation where he—

(aa)

satisfies condition (i) or (iii) of sub-paragraph (1)(b); or

(bb)

is receiving both board and personal care other than in a care home or an independent hospital; or

(d)

in a case to which sub-paragraph (6) applies, on his becoming re-entitled to income support, he is in—

(i)

the accommodation which he occupied immediately before he ceased to be entitled to income support; or

(ii)

accommodation where he—

(aa)

satisfies condition (i) or (iii) of sub-paragraph (1)(b); or

(bb)

is receiving both board and personal care other than in a care home or an independent hospital.”.