Regulation 4 Amendment of regulation 12 of the Requirements Regulations

in paragraph (2) after sub-paragraph (j) there shall be added the following sub-paragraph —

“(k)

no amount shall be applicable under Part I of Schedule 4 in relation to a person to whom regulation 9 applies and who is resident in either a nursing or residential care home unless —

(i)

an amount was applicable in relation to him under paragraph 2,3,4,6,7A or 8 of that Schedule immediately before he became resident in such a home; and

(ii)

he is absent from his normal home; and

(iii)

the period of absence referred to in paragraph (2)(c) or (3), as the case may be, has not expired in his case.”.

in paragraph (4) for all the words preceding sub-paragraph (a) there shall be substituted the words “Except as provided in paragraph (2) (k) the amount applicable in relation to a person to whom regulation 9 (normal requirements of boarders) or regulation 10(2) or any paragraphs 1 to 11 of Schedule 3 (normal requirements in special cases) applies shall be as follows —”.