Regulation 4 Ordinarily resident

(1)

A person is to be treated as ordinarily resident in any premises for the purposes of section 1 if he is in fact resident in such premises or if he is temporarily absent from such premises.

(2)

For the purposes of this regulation “temporarily absent” means absent for a period which does not exceed—

(a)

unless throughout the period of absence the person was a patient—

(i)

4 weeks, where he was before his absence a temporary resident in relevant premises;

(ii)

13 weeks, where he was before his absence a permanent resident in relevant premises;

(b)

52 weeks, where throughout the period of absence the person was a patient.

(3)

For the purposes of this regulation—

(a)

a “patient” means a person (other than a prisoner) who is regarded as receiving free in-patient treatment within the meaning of the Social Security (Hospital In-Patients) Regulations (Northern Ireland) 1975^f1; and

(b)

a person is a permanent resident in relevant premises where those premises are his principal place of abode, and a temporary resident where they are not.

Annotations

Footnotes

f1: S.R. 1975 No. 109; Relevant amending instruments are S.R. 1987 No. 391 and S.R. 1992 No. 453