Regulation 9 Circumstances in which a person is to be treated as being no longer a member of the same household

United Kingdom

F1(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.

(2)

Where one of the members of a married or unmarried couple is a hospital F2patient or F3detained in custody he shall not be treated, on this account, as ceasing to be a member of the same household as his partner—

(a)

unless he has been F4a patient in a hospital for 52 weeks or more; or

(b)

unless he is a patient detained in a hospital provided under section 4 of the National Health Service Act 1977 M1 (special hospitals) or section 90(1) of the Mental Health (Scotland) Act 1984 (provision of hospitals for patients requiring special security); or

(c)

unless he is F5detained in custody whilst serving a sentence of 52 weeks or more imposed by a court,

but shall be treated as not being a member of the same household as his partner wherever the conditions in sub-paragraphs (a), (b) or (c) are fulfilled.

F6(3)

In this regulation “patient” has the same meaning as in regulation 8(3)(a) (membership of the same household).

Annotations

Textual amendments

F1: Reg. 9(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), 27
F2: Word in reg. 9(2) substituted (11.4.1988) by Family Credit (General) Amendment Regulations 1988 (S.I. 1988/660), reg. 1, 3(a)(i)
F3: Words in reg. 9(2) substituted (11.4.1988) by Family Credit (General) Amendment Regulations 1988 (S.I. 1988/660), reg. 1, 3(a)(ii)
F4: Words in reg. 9(2)(a) substituted (11.4.1988) by Family Credit (General) Amendment Regulations 1988 (S.I. 1988/660), reg. 1, 3(a)(i)
F5: Words in reg. 9(2)(c) substituted (11.4.1988) by Family Credit (General) Amendment Regulations 1988 (S.I. 1988/660), reg. 1, 3(a)(ii)
F6: Reg. 9(3) added (11.4.1988) by Family Credit (General) Amendment Regulations 1988 (S.I. 1988/660), reg. 1, 3(b)

Marginal citations

M1: 1977 c. 49; section 4 was amended by the Mental Health Act 1983 (c. 20) section 148, Schedule 4, paragraph 47.