Regulation 5 Persons treated as being or not being members of the same householdI1

Northern Ireland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg. 5(1)(f) substituted by Housing Benefit and State Pension Credit (Temporary Absence) 2017 reg. 4(6)(a)
reg. 5(1A)-(1C) substituted for reg. 5(1A) by Housing Benefit and State Pension Credit (Temporary Absence) 2017 reg. 4(6)(b)
reg. 5(1)(c) words omitted (temp.) by Social Security (Coronavirus) (Prisoners) 2020 reg. 3(c)
reg. 5(2) words substituted by Universal Credit (Persons who have attained state pension credit qualifying age) 2020 reg. 2(2)(a)
reg. 5(3)-(6) added by Universal Credit (Persons who have attained state pension credit qualifying age) 2020 reg. 2(2)(b)
reg. 5(1A)(b) word omitted by Social Security (Habitual Residence, Past Presence and Temporary Absence) 2025 reg. 6(3)(a)
reg. 5(1A)(d) and word added by Social Security (Habitual Residence, Past Presence and Temporary Absence) 2025 reg. 6(3)(b)
reg. 5(1D)(1E) inserted by Social Security (Habitual Residence, Past Presence and Temporary Absence) 2025 reg. 6(3)(c)
reg. 5(1D)(aa) inserted by Social Security 2026 reg. 3(3)

(1)

A person is to be treated as not being a member of the same household as the claimant if –

(a)

he is living away from the claimant and –

(i)

he does not intend to resume living with the claimant, or

(ii)

his absence is likely to exceed 52 weeks except where there are exceptional circumstances (for example the person is in hospital or otherwise has no control over the length of his absence), and the absence is unlikely to be substantially more than 52 weeks;

(b)

he or the claimant is permanently in a residential care home F1, nursing home or an independent hospital;

(c)

he or the claimant is, or both are –

(i)

patients detained in accommodation provided under Article 110 of the Mental Health (Northern Ireland) Order 1986;

(ii)

detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court, or

(iii)

on temporary release in accordance with the provisions of the Prison Act (Northern Ireland) 1953^f1;

(d)

the claimant is abroad and does not satisfy F2... regulation 3 (persons temporarily absent from Northern Ireland);

F3(e)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(f)

he is absent from Northern Ireland for more than 13 weeks;

F5(g)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h)

he is a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act 1999^f2.

F6(1A)

Paragraph (1)(d) and (f) shall not apply where a person is treated as being in Northern Ireland in accordance with regulation 4.

(2)

Subject to paragraph (1), partners shall be treated as members of the same household notwithstanding that they are temporarily living apart.

F7(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1: Words in reg. 5(1)(b) substituted (14.11.2005) by The Social Security (Residential Care Homes, Nursing Homes and Independent Hospitals) Regulations (Northern Ireland) 2005 (S.R. 2005/458), reg. 1(1), Sch. 4 para. 2
F2: Words in reg. 5(1)(d) omitted (6.10.2003) by virtue of The State Pension Credit (Transitional and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/421), regs. 1(1), 2(5)(a)(i)
F3: Reg. 5(1)(e) omitted (2.10.2006) by virtue of The Social Security (Miscellaneous Amendments No. 4) Regulations (Northern Ireland) 2006 (S.R. 2006/359), regs. 1(2), 14(2)(a)
F4: Reg. 5(1)(f) substituted (6.10.2008) by The Social Security (Miscellaneous Amendments No. 3) Regulations (Northern Ireland) 2008 (S.R. 2008/410), regs. 1(1), 3(3)(a)
F5: Reg. 5(1)(g) omitted (6.10.2003) by virtue of The State Pension Credit (Transitional and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/421), regs. 1(1), 2(5)(a)(iii)
F6: Reg. 5(1A) inserted (2.10.2006) by The Social Security (Miscellaneous Amendments No. 4) Regulations (Northern Ireland) 2006 (S.R. 2006/359), regs. 1(2), 14(2)(b)
F7: Reg. 5(3) omitted (6.10.2008) by virtue of The Social Security (Miscellaneous Amendments No. 3) Regulations (Northern Ireland) 2008 (S.R. 2008/410), regs. 1(1), 3(3)(b)

Commencement

I1: Reg. 5 in operation at 6.10.2003, see reg. 1(1)

Footnotes

f1: 1953 c. 18 (N.I.)
f2: 1999 c. 33