Regulation 5 Persons treated as being or not being members of the same household

(1)

A person is to be treated as not being a member of the same household as the claimant if—

(a)

he is living away from the claimant and—

(i)

he does not intend to resume living with the claimant; or

(ii)

his absence is likely to exceed 52 weeks except where there are exceptional circumstances (for example the person is in hospital or otherwise has no control over the length of his absence), and the absence is unlikely to be substantially more than 52 weeks;

(b)

he or the claimant is permanently in a care home;

(c)

he or the claimant is, or both are—

(i)

detained in a hospital provided under section 4 of the National Health Service Act 1977^f1 (special hospitals) or section 90(1) of the Mental Health (Scotland) Act 1984^f2 (provision of hospitals for patients requiring special security); or

(ii)

detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court; or

(iii)

on temporary release in accordance with the provisions of the Prison Act 1952^f3 or the Prison (Scotland) Act 1989^f4;

(d)

the claimant is abroad and does not satisfy either the circumstances specified in paragraph (2) or in paragraph (3) of regulation 3 (persons temporary absent from Great Britain).

(2)

Subject to paragraph (1), partners shall be treated as members of the same household notwithstanding that they are temporarily living apart.

Annotations

Footnotes

f1: 1977 c. 48.
f2: 1984 c. 36.
f3: 1952 c. 52.
f4: 1989 c. 45.