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SCHEDULES

SCHEDULE 3Claimant treated as occupying or not occupying accommodation

PART 1Treated as occupying accommodation

Moving into accommodation following stay in hospital or care home

7.—(1) The claimant is to be treated as having occupied accommodation before they moved into it where—

(a)the claimant has since moved in and, immediately before the move, met the payment condition and the liability condition in respect of that accommodation, and

(b)the liability to make the payments arose while the claimant was a patient or accommodated in a care home (or, in the case of a joint claim, while both joint claimants were patients or were accommodated in a care home).

(2) No claimant may be treated as occupying the accommodation under this paragraph for more than one month.

(3) In this paragraph—

care home” has the meaning given in paragraph 1 of Schedule 1;

patient” means a person who is undergoing medical or other treatment as an in-patient in any hospital or similar institution.