49.—(1) Except where the circumstances prescribed in paragraph (3) apply to the claimant, where the claimant’s capital calculated in accordance with this Part exceeds £6,000 it shall be treated as equivalent to a weekly tariff income of £1 for each complete £250 in excess of £6,000 but not exceeding £16,000.
(2) Where the circumstances prescribed in paragraph (3) apply to a claimant and that claimant’s capital calculated in accordance with this Part exceeds £10,000, it shall be treated as equivalent to a weekly tariff income of £1 for each complete £250 in excess of £10,000 but not exceeding £16,000.
(3) For the purposes of paragraph (2), the prescribed circumstances are that the claimant—
(a)occupies residential accommodation as his home; or
(b)is a person—
(i)to whom on 13th November 2005, paragraph (2) of regulation 7 of the former Regulations as in operation on that date applied, or
(ii)to whom on 13th November 2005, paragraph (5) or (7) of regulation 7 of the former Regulations as in operation on that date applied and continues to apply.
(4) For the purposes of paragraph (3), the claimant shall be treated as—
(a)occupying residential accommodation as his home;
(b)a person to whom regulation 9(1A), as inserted by paragraph 9(2)(a) of Schedule 3 to the Consequential Provisions Regulations (transitional and savings provisions), applies;
(c)a person to whom regulation 9(6), as inserted by paragraph 9(4)(a) of that Schedule, applies; or
(d)a person to whom regulation 9(6), as inserted by paragraph 9(6)(a) of that Schedule, applies,
in any period during which he is treated as occupying the accommodation as his home pursuant to regulation 7(12), (13) or (17).
(5) Notwithstanding paragraphs (1) and (2) where any part of the excess is not a complete £250 that part shall be treated as equivalent to a weekly tariff income of £1.
(6) For the purposes of paragraphs (1) and (2), capital includes any income treated as capital under regulation 43.
(7) For the purposes of this regulation and subject to paragraph (8), “residential accommodation” means accommodation which is provided by an establishment—
(a)under Article 15 or 36 of the Health and Personal Social Services Order where board is not available to the claimant and the home in which the accommodation is provided is either owned or managed or owned and managed by a Health and Social Services Board or HSS trust;
(b)which is managed or provided by a body incorporated by Royal Charter or constituted by a statutory provision (other than a Health and Social Services Board or HSS trust) and provides both board and personal care for the claimant and in this sub-paragraph, “personal care” means care which includes assistance with bodily functions where such assistance is required;
(c)which is an Abbeyfield Home,
and in this definition “board” refers to the availability to the claimant in the home in which his accommodation is provided of cooked or prepared food, where the food is made available to him in consequence solely of his paying the charge for the accommodation or any other charge which he is required to pay as a condition of occupying the accommodation, or both those charges and is made available for his consumption without any further charge to him.
(8) Paragraph (7) shall not apply to residential accommodation of the type referred to in sub-paragraphs (a) to (c) of paragraph (7) where such accommodation is residential accommodation for the purpose of regulation 7 unless the claimant is a person to whom paragraphs 10, 11 or 12 of Schedule 2 to the Social Security (Residential Care Homes, Nursing Homes and Independent Hospitals) Regulations (Northern Ireland) 2005(1) apply.