Hospital or similar institution

Person is discharged from hospital into a care home (which provides nursing care) on a permanent basis.  We have made a claim for ESA and the decision maker has, at our request, accepted that the person is in a similar institution to a hospital and therefore is treated as having a limited capability for work under regulation 25.  The DWP are adamant that Med3 certificates are required from day eight.  Any thoughts please?

Update.  I have now had three ‘call-backs’ regarding this case.  The first one could not discuss the law with me.  The second one was a decision maker who only made decisions regarding ‘the number of points scored’.  The third one was actually the original decision maker who after some discussion said that Med3 certificates would not be required although would not be drawn on the import of regulation 25.  It seemed like they felt they were doing me a favour in waiving the requirement for Med3 certificates.