{
  "url": "https://openlegislation.uk/state-pension-credit-regulations-northern-ireland-2003/regulation-5",
  "json_url": "https://openlegislation.uk/state-pension-credit-regulations-northern-ireland-2003/regulation-5.json",
  "legislation": "nisr/2003/28",
  "legislation_title": "The State Pension Credit Regulations (Northern Ireland) 2003",
  "legislation_url": "https://openlegislation.uk/state-pension-credit-regulations-northern-ireland-2003",
  "path": "regulation/5",
  "kind": "regulation",
  "number": "5",
  "heading": "Persons treated as being or not being members of the same household",
  "text": "(1) A person is to be treated as not being a member of the same household as the claimant if –\n(a) he is living away from the claimant and –\n(i) he does not intend to resume living with the claimant, or\n(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;\n(b) he or the claimant is permanently in a residential care home , nursing home or an independent hospital;\n(c) he or the claimant is, or both are –\n(i) patients detained in accommodation provided under Article 110 of the Mental Health (Northern Ireland) Order 1986;\n(ii) detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court, or\n(iii) on temporary release in accordance with the provisions of the Prison Act (Northern Ireland) 1953;\n(d) the claimant is abroad and does not satisfy ... regulation 3 (persons temporarily absent from Northern Ireland);\n(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(f) he is absent from Northern Ireland for more than 13 weeks;\n(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(h) he is a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act 1999.\n(1A) Paragraph (1)(d) and (f) shall not apply where a person is treated as being in Northern Ireland in accordance with regulation 4.\n(2) Subject to paragraph (1), partners shall be treated as members of the same household notwithstanding that they are temporarily living apart.\n(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .",
  "extent": "N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "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)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 5 in operation at 6.10.2003, see reg. 1(1)"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "1953 c. 18 (N.I.)"
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "1999 c. 33"
    }
  ],
  "outstanding_effects": [
    {
      "type": "substituted",
      "affecting": "nisr/2017/1",
      "affecting_title": "The Housing Benefit and State Pension Credit (Temporary Absence) (Amendment) Regulations (Northern Ireland) 2017"
    },
    {
      "type": "substituted for reg. 5(1A)",
      "affecting": "nisr/2017/1",
      "affecting_title": "The Housing Benefit and State Pension Credit (Temporary Absence) (Amendment) Regulations (Northern Ireland) 2017"
    },
    {
      "type": "words omitted (temp.)",
      "affecting": "nisr/2020/63",
      "affecting_title": "The Social Security (Coronavirus) (Prisoners) Regulations (Northern Ireland) 2020"
    },
    {
      "type": "words substituted",
      "affecting": "nisr/2020/119",
      "affecting_title": "The Universal Credit (Persons who have attained state pension credit qualifying age) (Amendment) Regulations (Northern Ireland) 2020"
    },
    {
      "type": "added",
      "affecting": "nisr/2020/119",
      "affecting_title": "The Universal Credit (Persons who have attained state pension credit qualifying age) (Amendment) Regulations (Northern Ireland) 2020"
    },
    {
      "type": "word omitted",
      "affecting": "nisr/2025/136",
      "affecting_title": "The Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations (Northern Ireland) 2025"
    },
    {
      "type": "added",
      "affecting": "nisr/2025/136",
      "affecting_title": "The Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations (Northern Ireland) 2025"
    },
    {
      "type": "inserted",
      "affecting": "nisr/2025/136",
      "affecting_title": "The Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations (Northern Ireland) 2025"
    },
    {
      "type": "inserted",
      "affecting": "nisr/2026/177",
      "affecting_title": "The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2026"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/2003/28/regulation/5",
    "retrieved_at": "2026-10-29T02:05:09.593277+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}