Regulation 4 Ordinarily resident

(1)

A person is to be treated as ordinarily resident in any premises for the purposes of section 50 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 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.I. 1975/555. Relevant amending instruments are S.I. 1992/2595 and 1999/1326.