In Schedule 3A53 (protected sum), in paragraph 7 (protected persons), for sub-paragraph (4)54 there shall be substituted the following sub-paragraph—

“(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 residential care home, nursing 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 residential care home, nursing 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 residential care home, nursing home or an independent hospital.”.