{
  "url": "https://openlegislation.uk/disability-working-allowance-general-regulations-1991/regulation-11",
  "json_url": "https://openlegislation.uk/disability-working-allowance-general-regulations-1991/regulation-11.json",
  "legislation": "uksi/1991/2887",
  "legislation_title": "The Disability Working Allowance (General) Regulations 1991",
  "legislation_url": "https://openlegislation.uk/disability-working-allowance-general-regulations-1991",
  "path": "regulation/11",
  "kind": "regulation",
  "number": "11",
  "heading": "Circumstances in which a person is to be treated as being no longer a member of the same household",
  "text": "(1) Subject to the following provisions of this regulation, where the claimant and any partner of his are living apart from each other they shall be treated as members of the same household unless they do not intend to resume living together.\n(2) Where one of the members of a married or unmarried couple is a hospital patient or detained in custody he shall not be treated, on this account, as ceasing to be a member of the same household as his partner—\n(a) unless he has been a patient in a hospital for 52 weeks or more; or\n(b) unless he is a patient detained in a hospital provided under section 4 of the National Health Service Act 1977 (special hospitals) or section 90(1) of the Mental Health (Scotland) Act 1984 (provision of hospitals for patients requiring special security); or\n(c) unless he is detained in custody whilst serving a sentence of 52 weeks or more imposed by a court, his partner wherever the conditions in sub-paragraphs (a), (b) or (c) are fulfilled.\n(3) In this regulation “patient” has the same meaning as in regulation 10(3)(a) (membership of the same household).",
  "extent": "E+W+S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Reg. 11(1) substituted (5.10.1993) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 4) Regulations 1993 (S.I. 1993/2119), regs. 1(1)(b), 38 (with reg. 1(3))"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 11 in force at 7.4.1992, see reg. 1"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "1977 c. 49; section 4 was amended by the Mental Health Act 1983 (c. 20), section 148, Schedule 4, paragraph 47."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1991/2887/regulation/11",
    "retrieved_at": "2026-10-31T10:31:00.399326+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}