Regulation 32 Periods of residenceI1
In these Regulations, a “period of residence” is a period during which C –
meets the condition in section 85(2) of the Act (care home residents);
meets the condition in section 86(2) of the Act (hospital in-patients); or
is a person who is undergoing imprisonment or detention in legal custody.
Subject to paragraph (3), for the purposes of section 87 of the Act and regulations 28 and 29, a period of residence —
begins on the day after the day on which C enters a care home, hospital or similar institution or commences a period of imprisonment or detention in legal custody; and
ends on the day before the day on which C leaves a care home, hospital or similar institution or on which a period of imprisonment or detention in legal custody ends.
Where, immediately following a period of residence for the purpose of sub-paragraph (a), (b) or (c) of paragraph (1), C commences another period of residence for the purpose of any of those sub-paragraphs, the earlier period of residence is deemed to end on the day on which C leaves the care home, hospital or similar institution or, as the case may be, on which the period of imprisonment or detention ends.
Subject to paragraph (5), for the purposes of regulation 30(1) and 31(1), —
two or more distinct periods of residence separated by an interval not exceeding 28 days, or by two or more such intervals, are to be treated as a continuous period equal in duration to the total duration of such distinct periods and ending on the last day of the later or last such period; and
any period or periods to which those regulations refer are to be taken into account and aggregated with any other period referred to in those regulations.
Paragraph (4) is, where the periods referred to in sub-paragraph (a) of that paragraph are both or all periods to which section 87 applies, to have effect as if -
the words ‘subject to paragraph (5)’ and ‘regulation 30(1) and’ were omitted;
the reference to ‘28 days’ in sub-paragraph (a) of that paragraph read ‘one year’; and
the references to ‘those regulations’ in sub-paragraph (b) read ‘that regulation’ and the reference to ‘refer’ read ‘refers’.
Annotations
Commencement
- I1
Reg. 32 coming into force in accordance with reg. 1(2) and S.I. 2013/358
Notes on the whole SI
Textual amendments
- F1
- F2
See section 173(5)(a) of the Social Security Administration Act 1992 (c.5) (‘the 1992 Act’). The requirement to refer regulations to the Social Security Advisory Committee does not apply where regulations are contained in a statutory instrument made before the end of the period of six months beginning with the coming into force of the enactment under which the regulations were made. Schedule 9, paragraph 26(a) to the Welfare Reform Act 2012 (c.5) (‘the Act’) inserted a reference to Part 4 of that Act into section 170(5) of the 1992 Act which has the effect of making that Part of the Act a ‘relevant enactment’ and therefore subject to the requirement to refer regulations to the Social Security Advisory Committee unless section 173(5) applies.