Regulation 2 Circumstances in which a person is to be treated as residing or not residing with another person or in which persons are to be treated as residing or not residing together
As respects any requirement of the Act, or contained in any provision made for the purposes thereof, any question as to whether—
a person is or was residing with another person; or
persons are residing together,
shall be determined in accordance with the following provisions of this regulation.
In relation to—
an increase in respect of an adult dependant under section 44 F1(short-term benefits: increase for adult dependants), 45 (increase of Category A or Category C retirement pension F2...), 49 (increase of F3severe disablement allowance or invalid care allowance) or 66 (increase F4... of a disablement pension where the beneficiary is entitled to unemployability supplement) F5or section 86A of the Social Security Contributions and Benefits Act 1992” (incapacity benefit: increases for adult dependants).; or
an adjustment of benefit under section 85(1)(b) (hospital in-patients),
two spouses F6or civil partners shall not be treated as having ceased to reside together by reason only of the fact that either of them is, or they both are, undergoing medical or other treatment as an in-patient in a hospital or similar institution, whether such absence is temporary or not.
In the case of a woman who has been widowed, she shall not be treated as having ceased to reside together with a child or person under the age of 19 by reason of any absence the one from the other which is not likely to be permanent.
Subject to the foregoing provisions of this regulation, two persons shall not be treated as having ceased to reside together by reason of any temporary absence the one from the other.
Annotations
Textual amendments
- F1
Words in reg. 2(2)(a) substituted (7.10.1996) by The Social Security and Child Support (Jobseeker’s Allowance) (Consequential Amendments) Regulations 1996 (S.I. 1996/1345), regs. 1, 16
- F2
Words in reg. 2(2)(a) omitted (13.4.1995) by virtue of The Social Security (Incapacity Benefit) (Consequential and Transitional Amendments and Savings) Regulations 1995 (S.I. 1995/829), regs. 1(1), 10(a) (with Pt. III)
- F3
Words in reg. 2(2)(a) substituted (29.11.1984) by The Social Security (Severe Disablement Allowance) Regulations 1984 (S.I. 1984/1303), regs. 1, 11, Sch. 2
- F4
Words in reg. 2(2)(a) omitted (6.4.1983) by virtue of The Social Security (Abolition of Injury Benefit) (Consequential) Regulations 1983 (S.I. 1983/186), regs. 1(1), 8
- F5
Words in reg. 2(2)(a) inserted (13.4.1995) by The Social Security (Incapacity Benefit) (Consequential and Transitional Amendments and Savings) Regulations 1995 (S.I. 1995/829), regs. 1(1), 10(b) (with Pt. III)
- F6
Words in reg. 2(2) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 8 (with art. 3)