SCHEDULES

SCHEDULE 3Claimant treated as occupying or not occupying accommodation

PART 1Treated as occupying accommodation

Moving into accommodation following stay in hospital or care home7

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.