
1 
These Regulations shall be cited as the Social Security (Care Homes and Independent Hospitals) Regulations 2005 and shall come into force on 24th October 2005.
2 
The Income Support (General) Regulations 1987  shall be amended in accordance with Schedule 1 to these Regulations.
3 
The Jobseeker's Allowance Regulations 1996  shall be amended in accordance with Schedule 2 to these Regulations.
4 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6 
The State Pension Credit Regulations 2002  shall be amended in accordance with Schedule 5 to these Regulations.
7 
The Income Support and Jobseeker's Allowance (Amounts for Persons in Residential Care and Nursing Homes) Regulations 2001  are hereby revoked.
8 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9 

(1) The Social Fund Cold Weather Payments (General) Regulations 1988  shall be amended in accordance with this regulation.
(2) In regulation 1A (prescribed descriptions of persons) —
(a) in paragraph (1)—
(i) for  “paragraph (3)” substitute “
                        paragraph (2)
                      ”;
(ii) in sub-paragraph (ib) omit  “and is not resident in a care home”;
(b) for paragraphs (2) and (3) substitute—“
(2) Paragraph (1)(i), (ia) and (ib) shall not apply to a person who resides in—
(a) a care home;
(b) an independent hospital;
(c) an establishment run by the Abbeyfield Society including all bodies corporate or incorporate which are affiliated to that Society; or
(d) accommodation provided under section 3(1) of, and Part 2 of the Schedule to, the Polish Resettlement Act 1947 

												(provision by the Secretary of State of accommodation in camps).
(3) In paragraph (2)—
(a) “care home” in England and Wales has the meaning assigned to it by section 3 of the Care Standards Act 2000, and in Scotland means a care home service as defined by section 2(3) of the Regulation of Care (Scotland) Act 2001;
(b) “independent hospital” in England and Wales has the meaning assigned to it by section 2 of the Care Standards Act 2000, and in Scotland means an independent healthcare service as defined in section 2(5)(a) and (b) of the Regulation of Care (Scotland) Act 2001.”.
10 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11 

(1) The Social Security (Disability Living Allowance) Regulations 1991  shall be amended in accordance with this regulation.
(2) In regulation 9 (persons in certain accommodation other than hospitals) —
(a) in paragraph (6)(c) for  “residential homes” substitute “
                    independent hospitals or care homes
                  ”;
(b) after paragraph (6) add the following paragraph—“
(7) In paragraph (6)—“care home” in England and Wales has the meaning assigned to it by section 3 of the Care Standards Act 2000, and in Scotland means a care home service within the meaning assigned to it by section 2(3) of the Regulation of Care (Scotland) Act 2001;“independent hospital” in England and Wales has the meaning assigned to it by section 2 of the Care Standards Act 2000, and in Scotland means an independent healthcare service as defined in section 2(5)(a) and (b) of the Regulation of Care (Scotland) Act 2001.”.
12 

(1) The Social Security (Attendance Allowance) Regulations 1991  shall be amended in accordance with this regulation.
(2) In regulation 7 (persons in certain accommodation other than hospitals) —
(a) in paragraph (5)(c) for  “residential homes” substitute “
                    independent hospitals or care homes
                  ”;
(b) after paragraph (5) insert the following paragraph—“
(6) In paragraph (5)—“care home” in England and Wales has the meaning assigned to it by section 3 of the Care Standards Act 2000, and in Scotland means a care home service within the meaning assigned to it by section 2(3) of the Regulation of Care (Scotland) Act 2001;“independent hospital” in England and Wales has the meaning assigned to it by section 2 of the Care Standards Act 2000, and in Scotland means an independent healthcare service as defined in section 2(5)(a) and (b) of the Regulation of Care (Scotland) Act 2001.”.
13 

(1) The Social Security (Claims and Payments) Regulations 1987  shall be amended in accordance with this regulation.
(2) Omit regulation 35A (transitional provisions for persons in hostels or certain residential accommodation) .
(3) In Schedule 9 (deductions from benefit and direct payment to third parties)—
(a) in sub-paragraph (1) of paragraph 1 (interpretation), for the definition of  “hostel” substitute—““hostel” means a building—
(a) in which there is provided for persons generally, or for a class of persons, accommodation, otherwise than in separate and self-contained premises, and either board or facilities of a kind set out in paragraph 4A(1)(d) below adequate to the needs of those persons and—
(b) which is—
(i) managed by or owned by a housing association registered with the Housing Corporation established by the Housing Act 1964 ;
(ii) managed or owned by a housing association registered with Scottish Homes established by the Housing (Scotland) Act 1988 ;
(iii) operated other than on a commercial basis and in respect of which funds are provided wholly or in part by a government department or a local authority; or
(iv) managed by a voluntary organisation or charity and provides care, support or supervision with a view to assisting those persons to be rehabilitated or resettled within the community, and
(c) which is not—
(i) a care home;
(ii) an independent hospital; or
(iii) an establishment run by the Abbeyfield Society including all bodies corporate or incorporated which are affiliated to that Society, and
(d) in sub-paragraph (b)(iv) above,  “voluntary organisation” shall mean a body the activities of which are carried out otherwise than for profit, but shall not include any public or local authority;”;
(b) in paragraph 4 (miscellaneous accommodation costs) —
(i) in sub-paragraph (1)—(aa) in head (a), for  “in a residential care home or nursing home” substitute “
                            residing in a care home, an Abbeyfield Home or an independent hospital
                          ”;(bb) omit head (b)(i) and (iii);
(ii) in head (a) of sub-paragraph (2) omit—“
(i) as specified in sub-paragraph (1)(b)(i) or (iii); or
(ii)  ”.
14 

(1) The Social Security (Breach of Community Order) Regulations 2001  shall be amended in accordance with this regulation.
(2) In paragraph (4) of regulation 6 (meaning of  “person in hardship”), for  “residential care home or nursing home” substitute “
                care home, an Abbeyfield Home or an independent hospital
              ”.
(3) In paragraph (4) of regulation 12 (meaning of  “couple in hardship”) for  “residential care or nursing home” substitute “
                care home, an Abbeyfield Home or an independent hospital
              ”.
15 

(1) The Social Security (Loss of Benefit) Regulations 2001  shall be amended in accordance with this regulation.
(2) In paragraph (4) of regulation 5 (meaning of  “person in hardship”) for  “residential care home or nursing home” substitute “
                care home, an Abbeyfield Home or an independent hospital
              ”.
(3) In paragraph (5) of regulation 11 (application of Part and meaning of  “couple in hardship”) for  “residential care or nursing home” substitute “
                care home, an Abbeyfield Home or an independent hospital
              ”.
Signed by authority of the Secretary of State for Work and Pensions.
James Plaskitt
Parliamentary Under Secretary of State,
Department for Work and Pensions
24th September 2005
SCHEDULE 1
Regulation 2
1 
In regulation 2 (interpretation)—
(a) in paragraph (1)—
(i) omit the definitions of  “nursing home”,  “residential accommodation” and  “residential care home”;
(ii) at the appropriate places insert the following definitions—“
 “Abbeyfield Home” means an establishment run by the Abbeyfield Society including all bodies corporate or incorporate which are affiliated to that Society;
 “care home” in England and Wales has the meaning assigned to it by section 3 of the Care Standards Act 2000, and in Scotland means a care home service within the meaning assigned to it by section 2(3) of the Regulation of Care (Scotland) Act 2001;
 “independent hospital” in England and Wales has the meaning assigned to it by section 2 of the Care Standards Act 2000, and in Scotland means an independent healthcare service as defined in section 2(5)(a) and (b) of the Regulation of Care (Scotland) Act 2001;”;
(b) in paragraph (1A)  from  “residential care home” to  “reside in that home” substitute “
                  care home, an Abbeyfield Home or an independent hospital and he is temporarily absent from that home or hospital, he shall be regarded as continuing to reside in that home or hospital
                ”.
2 
For paragraph (4)(d) of regulation 6 (persons not treated as engaged in remunerative work)  substitute—“
(d) a person who—
(i) is in employment;
(ii) lives in, or is temporarily absent from, a care home, an Abbeyfield Home or an independent hospital; and
(iii) requires personal care by reason of old age, disablement, past or present dependence on alcohol or drugs, past or present mental disorder or a terminal illness.”.
3 
In regulation 16 (circumstances in which a person is to be treated as being or not being a member of the household)—
(a) in paragraph (3)(e) for  “in residential accommodation or a residential care home or a residential nursing home” substitute “
                  residing in a care home, an Abbeyfield Home or an independent hospital
                ”;
(b) in paragraph (5)(b)  omit  “provided under any of the provisions referred to in any of sub-paragraphs (a) to (d)

						(excluding heads (i) and (ii) of sub-paragraph (d)) of the definition of residential accommodation in regulation 21(3)”;
(c) in paragraph (8) before sub-paragraph (a) insert—“
(za) “accommodation” means accommodation provided by a local authority in a home owned or managed by that local authority—
(i) under sections 21 to 24 of the National Assistance Act 1948 

										(provision of accommodation),
(ii) in Scotland, under section 13B or 59 of the Social Work (Scotland) Act 1968 

										(provision of residential or other establishment), or
(iii) under section 25 of the Mental Health (Care and Treatment)

										(Scotland) Act 2003 

										(care and support services etc.),
where the accommodation is provided for a person whose stay in that accommodation has become other than temporary;”.
4 
For paragraph (4)(a)(iii)  of regulation 17 (applicable amounts) substitute—“
(iii) in a care home, an Abbeyfield Home or an independent hospital; or”.
5 
In regulation 21 (special cases)—
(a) in paragraph (3) omit the definition of  “residential accommodation”;
(b) omit paragraphs (3A) to (3E)  and (4)  to (4B) .
6 
In paragraph (4A) of regulation 42 (notional income)  for  “lives in a residential care home or a nursing home, or is temporarily absent from such a home” substitute “
              resides in a care home, an Abbeyfield Home or an independent hospital, or is temporarily absent from such a home or hospital
            ”.
7 
In regulation 53 (calculation of tariff income from capital)—
(a) in paragraph (1B) —
(i) for sub-paragraphs (a) and (b) substitute—“
(a) a care home or an independent hospital;
(b) an Abbeyfield Home;”;
(ii) omit sub-paragraph (d);
(b) in paragraph (1C) —
(i) after  “home” in both places insert “
                      , hospital
                    ”;
(ii) in sub-paragraph (a) for  “, (b) or (d)” substitute “
                      or (b)
                    ”;
(c) omit paragraph (4) .
8 
In Schedule 3 (housing costs) —
(a) for sub-paragraph (13)(c) of paragraph 3 (circumstances in which a person is to be treated as occupying a dwelling as his home)  substitute—“
(c) “residential accommodation” means accommodation which is a care home, an Abbeyfield Home or an an independent hospital;”;
(b) in sub-paragraph (1)(b) of paragraph 4 (housing costs not met) for  “in accommodation which is a residential care home or a nursing home except where he is in such accommodation” substitute “
                  living in care home, an Abbeyfield Home or an independent hospital except where he is living in such a home or hospital
                ”.
9 
For sub-paragraph (4) of paragraph 7 (protected persons) of Schedule 3A (protected sum)  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.”.
10 
In Schedule 7 (applicable amounts in special cases)—
(a) in paragraph 9 (specified cases of temporarily separated couples)  at column (1)—
(i) in sub-paragraph (a) for heads (i) and (ii) substitute—“
(i) not a patient but is residing in a care home, an Abbeyfield Home or an independent hospital, or”;
(ii) in sub-paragraph (b) for heads (iii) and (iv) substitute—“
(iii) residing in a care home, an Abbeyfield Home or an independent hospital.”;
(b) in paragraph 10 (polygamous marriages where one or more partners are temporarily separated)  at column (1) for sub-paragraphs (a) and (b) substitute—“
(a) not a patient but is residing in a care home, an Abbeyfield Home or an independent hospital, or”.
11 
In sub-paragraphs (2), (3)(a)(ii) and (4)(a) of paragraph 4 of Schedule 8 (sums to be disregarded in the calculation of earnings)  omit  “or in residential accommodation”.
12 
In Schedule 9 (sums to be disregarded in the calculation of income other than earnings)—
(a) in paragraph 15A —
(i) in sub-paragraph (1) for  “residential care home or nursing home” substitute “
                      care home, an Abbeyfield Home or an independent hospital
                    ”;
(ii) in sub-paragraph (2)(a) for  “residential care or nursing home” substitute “
                      care home, Abbeyfield Home or independent hospital
                    ” and after  “the home” insert “
                      or hospital
                    ”;
(b) in paragraph 30A —
(i) in sub-paragraph (1) for  “in a residential care home or nursing home” substitute “
                      residing in a care home, an Abbeyfield Home or an independent hospital
                    ” and after  “in that home” add “
                      or hospital
                    ”;
(ii) in sub-paragraph (2) for  “residential care home or nursing home” substitute “
                      care home, an Abbeyfield Home or an independent hospital
                    ”;
(c) in paragraph 66  for  “in a residential care or nursing home” substitute “
                  living in a care home, an Abbeyfield Home or an independent hospital
                ”.
13 
In paragraph 64  of Schedule 10 (capital to be disregarded) in sub-paragraph (5) for  “being in residential accommodation, a residential care home or a nursing home” substitute “
              residing in a care home, an Abbeyfield Home or an independent hospital
            ”.
SCHEDULE 2
Regulation 3
1 
In regulation 1 (citation, commencement and interpretation)—
(a) in paragraph (3)—
(i) omit the definitions of  “nursing home”,  “residential accommodation” and  “residential care home”; and
(ii) at the appropriate places insert the following definitions—“
 “Abbeyfield Home” means an establishment run by the Abbeyfield Society including all bodies corporate or incorporate which are affiliated to that Society;
 “care home” in England and Wales has the meaning assigned to it by section 3 of the Care Standards Act 2000, and in Scotland means a care home service within the meaning assigned to it by section 2(3) of the Regulation of Care (Scotland) Act 2001;
 “independent hospital” in England and Wales has the meaning assigned to it by section 2 of the Care Standards Act 2000, and in Scotland means an independent healthcare service as defined in section 2(5)(a) and (b) of the Regulation of Care (Scotland) Act 2001;”;
(b) in paragraph (3F)  from  “residential care home” to  “reside in that home” substitute “
                  care home, an Abbeyfield Home or an independent hospital and he is temporarily absent from that home or hospital, he shall be regarded as continuing to reside in that home or hospital
                ”.
2 
For paragraph (c) of regulation 53 (persons treated as not engaged in remunerative work)  substitute—“
(c) a person who—
(i) is in employment;
(ii) lives in, or is temporarily absent from a care home, an Abbeyfield Home or an independent hospital; and
(iii) requires personal care by reason of old age, disablement, past or present dependence on alcohol or drugs, past or present mental disorder or a terminal illness.”.
3 
In regulation 78 (circumstances in which a person is to be treated as being or not being a member of the household)—
(a) in paragraph (3)(d) for  “in residential accommodation or a residential care home or a nursing home” substitute “
                  residing in a care home, an Abbeyfield Home or an independent hospital
                ”;
(b) in paragraph (5)(c) omit  “provided under any of the provisions referred to in any of the sub-paragraphs (a) to (c) of the definition of residential accommodation in regulation 85”;
(c) in paragraph (9) before sub-paragraph (a) insert—“
(za) “accommodation” means accommodation provided by a local authority in a home owned or managed by that local authority—
(i) under sections 21 to 24 of the National Assistance Act 1948 (provision of accommodation); or
(ii) in Scotland, under section 13B or 59 of the Social Work (Scotland) Act 1968 (provision of residential or other establishment); or
(iii) under section 25 of the Mental Health (Care and Treatment)

										(Scotland) Act 2003 (care and support services etc.);
where the accommodation is provided for a person whose stay in that accommodation has become other than temporary;”.
4 
In regulation 85 (special cases)—
(a) in paragraph (3)  for—
(i) “paragraphs 1 and 17” substitute “
                      paragraph 1
                    ”;
(ii) “residential care or nursing homes” substitute “
                      care homes, Abbeyfield Homes or independent hospitals
                    ”;
(b) in paragraph (4) omit the definition of  “residential accommodation”; and
(c) omit paragraphs (5) and (6).
5 
In paragraph (11) of regulation 105 (notional income)  for  “lives in a residential care home or a nursing home, or is temporarily absent from such a home” substitute “
              resides in a care home, an Abbeyfield Home or an independent hospital, or is temporarily absent from such a home or hospital
            ”.
6 
In regulation 116 (calculation of tariff income from capital)—
(a) in paragraph (1B) —
(i) for sub-paragraphs (a) and (b) substitute—“
(a) a care home or an independent hospital;
(b) an Abbeyfield Home;”;
(ii) omit sub-paragraph (d);
(b) in paragraph (1C) —
(i) after  “home” in both places insert “
                      , hospital
                    ”;
(ii) in sub-paragraph (a) for  “, (b) or (d)” substitute “
                      or (b)
                    ”;
(c) omit paragraph (4) .
7 
In paragraph (4) of regulation 140 (meaning of  “person in hardship”) for  “residential care home or nursing home” substitute “
              care home, an Abbeyfield Home or an independent hospital
            ”.
8 
In paragraph (4) of regulation 146A (meaning of  “couple in hardship”)  for  “residential care or nursing home” substitute “
              care home, an Abbeyfield Home or an independent hospital
            ”.
9 
In Schedule 2 (housing costs)—
(a) for sub-paragraph (13)(c) of paragraph 3 (circumstances in which a person is to be treated as occupying a dwelling as his home) substitute—“
(c) “residential accommodation” means accommodation which is a care home, an Abbeyfield Home or an independent hospital;”;
(b) in sub-paragraph (1)(b) in paragraph 4 (housing costs not met)  for  “in accommodation which is a residential care home or a nursing home except where he is in such accommodation” substitute “
                  living in a care home, an Abbeyfield Home or an independent hospital except where he is living in such a home or hospital
                ”.
10 
In Schedule 5 (applicable amounts in special cases)—
(a) in paragraph 5 (specified cases of temporarily separated couples) at column (1)—
(i) in sub-paragraph (a), for heads (i) and (ii) substitute—“
(i) not a patient but is residing in a care home, an Abbeyfield Home or an independent hospital, or”;
(ii) in sub-paragraph (b), for heads (iii) and (iv) substitute—“
(iii) residing in a care home, an Abbeyfield Home or an independent hospital.”;
(b) in paragraph 6 (polygamous marriages where one or more partners are temporarily separated) at column (1), for sub-paragraphs (a) and (b) substitute—“
(a) not a patient but is residing in a care home, an Abbeyfield Home or an independent hospital, or”;
11 
In Schedule 5A (applicable amounts of joint-claim couples in special cases) —
(a) in paragraph 4 (specified cases of temporarily separated joint-claim couples) at column (1)—
(i) in sub-paragraph (a), for heads (i) and (ii) substitute—“
(i) not a patient but is residing in a care home, an Abbeyfield Home or an independent hospital, or”;
(ii) in sub-paragraph (b), for heads (iii) and (iv) substitute—“
(iii) residing in a care home, an Abbeyfield Home or an independent hospital.”;
(b) in paragraph 5 (polygamous marriages where one or more members of the marriage are temporarily separated) at column (1) for sub-paragraphs (a) and (b) substitute—“
(a) not a patient but is residing in a care home, an Abbeyfield Home or an independent hospital, or”.
12 
In paragraph 5 of Schedule 6 (sums to be disregarded in the calculation of earnings)  in sub-paragraphs (2), (3)(a)(ii) and (4)(a) omit  “or in residential accommodation”.
13 
In paragraph 1 of Schedule 6A (sums to be disregarded in the calculation of earnings of members of joint-claim couples)  in sub-paragraphs (2), (3)(a)(ii) and (4)(a) omit  “or in residential accommodation”.
14 
In Schedule 7 (sums to be disregarded in the calculation of income other than earnings) —
(a) in paragraph 16—
(i) in sub-paragraph (1), for  “residential care home or nursing home” substitute “
                      care home, an Abbeyfield Home or independent hospital
                    ”;
(ii) in sub-paragraph (2)(a), for  “residential care or nursing home” substitute “
                      care home, Abbeyfield Home or independent hospital
                    ” and after  “ the home” add “
                      or hospital
                    ”;
(b) in paragraph 32—
(i) in sub-paragraph (1), for  “in a residential care home or nursing home” substitute “
                      residing in a care home, an Abbeyfield Home or an independent hospital
                    ” and after  “in that home” add “
                      or hospital
                    ”;
(ii) in sub-paragraph (2), for  “residential care home or nursing home” substitute “
                      care home, an Abbeyfield Home or an independent hospital
                    ”;
(c) in paragraph 64 for  “in a residential care or nursing home” substitute “
                  residing in a care home, an Abbeyfield Home or an independent hospital
                ”.
15 
In paragraph 57 of Schedule 8 (capital to be disregarded)  in sub-paragraph (5) for  “being in residential accommodation, a residential care home or a nursing home” substitute “
              residing in a care home, an Abbeyfield Home or an independent hospital
            ”.
SCHEDULE 3
Regulation 4
... 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
... 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
... 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
... 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
... 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
... 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
... 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
... 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
... 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
... 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
... 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
... 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 4
Regulation 5
... 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
... 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
... 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
... 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
... 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 5
Regulation 6
1 
In paragraph (2) of regulation 1 (citation, commencement and interpretation) at the appropriate place insert the following definition— 
              “independent hospital” in England and Wales has the meaning assigned to it by section 2 of the Care Standards Act 2000, and in Scotland means an independent healthcare service as defined in section 2(5)(a) and (b) of the Regulation of Care (Scotland) Act 2001;
            ”.
2 
In paragraph (1)(b) of regulation 5 (persons treated as being or not being members of the same household) after  “care home” insert “
              or an independent hospital
            ”.
3 
In paragraph (c) of regulation 12 (end of assessed income period) after  “care home” insert “
              or an independent hospital
            ”.
4 
For paragraph (7)(d) of regulation 15 (income for purposes of the Act)  substitute—“
(d) in an independent hospital;”.
5 
In Schedule 2 (housing costs)—
(a) in paragraph 4 (circumstances in which a person is to be treated as occupying a dwelling as his home)—
(i) in sub-paragraph (7)(c)(iii), after  “care home” insert “
                      or an independent hospital
                    ”;
(ii) for sub-paragraph (8) substitute—“
(8) This sub-paragraph applies to a person who enters a care home or an independent hospital—
(a) for the purpose of ascertaining whether that care home or independent hospital suits his needs, and
(b) with the intention of returning to the dwelling which he normally occupies as his home should, in the event that, the care home or independent hospital prove not to suit his needs,
and while in the care home or independent hospital, the part of the dwelling which he normally occupies as his home is not let, or as the case may be, sub-let to another person.”.
(iii) in sub-paragraph (9) for  “accommodation” in both places substitute “
                      care home or independent hospital
                    ”;
(iv) in sub-paragraph (11)(c), at heads (iii), (vii) and (ix) after  “care home” insert “
                      or an independent hospital
                    ”;
(b) in paragraph 5(1)(b) after  “care home” insert “
                  or an independent hospital
                ”.
6 
In paragraph 13(5) of Schedule 5 (capital disregarded for the purpose of calculating income) for  “being in a care home” substitute “
              residing in a care home or an independent hospital
            ”.