# The Social Security Benefit (Persons Residing Together) Regulations 1977, 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


(1) As respects any requirement of the Act, or contained in any provision made for the purposes thereof, any question as to whether—
(a) a person is or was residing with another person; or
(b) persons are residing together,
shall be determined in accordance with the following provisions of this regulation.
(2) In relation to—
(a) an increase in respect of an adult dependant under section 44 (short-term benefits: increase for adult dependants), 45 (increase of Category A or Category C retirement pension ...), 49 (increase of severe disablement allowance or invalid care allowance) or 66 (increase ... of a disablement pension where the beneficiary is entitled to unemployability supplement) or section 86A of the Social Security Contributions and Benefits Act 1992” (incapacity benefit: increases for adult dependants).; or
(b) an adjustment of benefit under section 85(1)(b) (hospital in-patients),
two spouses or 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.
(3) 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.
(4) 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.

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Source: https://www.legislation.gov.uk/uksi/1977/956/regulation/2 (the official version)
Page: https://openlegislation.uk/social-security-benefit-persons-residing-together-regulations-1977/regulation-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.