The clauses set out in Schedule 4 are included in a residence contract with a non-owner resident if—
(a) it is a condition of the residence contract that—
(i) the amount of the in-going contribution is determined with reference to a factor other than or in addition to the market value of the residence right; and
(ii) the amount of the in-going contribution is less than the market value of the residence right; and
(b) the residence contract provides for a refundable in-going contribution to be calculated with reference to the amount that will be paid as an in-going contribution by the next resident of the subject premises.