Regulation 78 Circumstances in which a person is to be treated as being or not being a member of the household

that person does not intend to resume living with the other members of his family; or

his absence from the other members of his family is likely to exceed 52 weeks, unless 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.

one, both or all of them are patients detained in a hospital provided under section 4 of the National Health Service Act 1977 F4 (F5high security psychiatric services) or F6section 102 of the National Health Service (Scotland) Act 1978 (state hospitals); or

one, both or all of them are—

F9a claimant is abroad and does not satisfy the conditions of regulation 50 (persons absent from Great Britain); or

one of them is permanently F10residing in a care home, an Abbeyfield Home or an independent hospital.

placed with the claimant or his partner by a local authority under F11section 22C(2) of the Children Act 1989 F12 or by a voluntary organisation under section 59(1)(a) of that Act; or

placed with the claimant or his partner by a local authority under section 81(2) of the Social Services and Well-being (Wales) Act 2014; or

placed with the claimant or his partner prior to adoption; or

in accordance with a relevant Scottish enactment, boarded out with the claimant or his partner, whether or not with a view to adoption; or

placed for adoption with the claimant or his partner pursuant to a decision under the Adoption Agencies Regulations 1983 F14 or F15the Adoption Agencies (Scotland) Regulations 2009.

in a case which does not fall within sub-paragraph (b), has been continuously absent from Great Britain for a period of more than four weeks commencing—

where F16regulation 50(5) or paragraph 11 or 13 of Schedule 5 (temporary absence abroad for the treatment of a child or young person) applies, has been continuously absent from Great Britain for a period of more than 8 weeks, that period of 8 weeks commencing—

has been an in-patient or in accommodation F17... for a continuous period of more than 12 weeks commencing—

is being looked after by a local authority under a relevant enactment; or

has been placed with a person other than the claimant prior to adoption; or

is in the care of a local authority under a relevant Scottish enactment; or

has been boarded out under a relevant Scottish enactment with a person other than the claimant prior to adoption; or

has been placed for adoption pursuant to a decision under the Adoption Agencies Regulations 1983 or F18the Adoption Agencies (Scotland) Regulations 2009; or

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

“accommodation” means accommodation provided by a local authority in a home owned or managed by that local authority—

where the accommodation is provided for a person whose stay in that accommodation has become other than temporary;

“relevant enactment" means the Army Act 1955 F25, the Social Work (Scotland) Act 1968 F26, the Matrimonial Causes Act 1973 F27, F28the Adoption and Children (Scotland) Act 2007, the Family Law Act 1986 F29 F30, the Children Act 1989 and the Social Services and Well-being (Wales) Act 2014;

“relevant Scottish enactment" means the Army Act 1955, the Air Force Act 1955 F31, the Naval Discipline Act 1957 F32, the Adoption Act 1958 F33, the Matrimonial Proceedings Children Act 1958 F34, the Children Act 1958 F35, the Social Work (Scotland) Act 1968, the Family Law Reform Act 1969 F36, the Children and Young Persons Act 1969 F37, the Matrimonial Causes Act 1973, the Guardianship Act 1973 F38, the Children Act 1975 F39, the Domestic Proceedings and Magistrates’ Courts Act 1978 F40, the Adoption and Children (Scotland) Act 2007, the Child Care Act 1980 F41, and the Foster Children Act 1980 F42;

“voluntary organisation" has the meaning assigned to it in the Children Act 1989 or, in Scotland, the Social Work (Scotland) Act 1968.