The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

Circumstances in which a person is to be treated as being or not being a member of the household

21.—(1) Subject to paragraphs (2) to (4), the claimant and any partner and, where the claimant or his partner is treated as responsible by virtue of regulation 20 (circumstances in which a person is to be treated as responsible or not responsible for another) for a child or young person, that child or young person and any child of that child or young person, shall be treated as members of the same household notwithstanding that any of them is temporarily living away from the other members of his family.

(2) Paragraph (1) shall not apply to a person who is living away from the other members of his family where—

(a) that person does not intend to resume living with the other members of his family; or

(b) his absence from the other members of his family is likely to exceed 52 weeks, unless there are exceptional circumstances (for example where 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.

(3) A child or young person shall not be treated as a member of the claimant's household [F1 , nor as occupying the claimant’s dwelling,] where he is—

(a) placed with the claimant or his partner by a local authority under section 23(2)(a) of the Children Act 1989 F2 or by a voluntary organisation under section 59(1)(a) of that Act, or in Scotland boarded out [F3 or placed] with the claimant or his partner under a relevant enactment; or

(b) placed, or in Scotland boarded out, with the claimant or his partner prior to adoption; or

(c) placed for adoption with the claimant or his partner in accordance with the Adoption and Children Act 2002 F4 or [F5 the Adoption Agencies (Scotland) Regulations 2009] F6 .

(4) Subject to paragraph (5), paragraph (1) shall not apply to a child or young person who is not living with the claimant and he—

(a) is being looked after by, or in Scotland is in the care of, a local authority under a relevant enactment; or

(b) has been placed, or in Scotland boarded out, with a person other than the claimant prior to adoption; or

(c) has been placed for adoption in accordance with the Adoption and Children Act 2002 or [F7 the Adoption Agencies (Scotland) Regulations 2009].

(5) An authority shall treat a child or young person to whom paragraph (4)(a) applies as being a member of the claimants' household in any benefit week where—

(a) that child or young person lives with the claimant for part or all of that benefit week; and

(b) the authority considers that it is reasonable to do so taking into account the nature and frequency of that child's or young person's visits.

(6) In this regulation “relevant enactment” means the Army Act 1955 F8 , the Air Force Act 1955 F9 , the Naval Discipline Act 1957 F10 , the Matrimonial Proceedings Children Act 1958 F11 ,the Social Work (Scotland) Act 1968 F12 , the Family Law Reform Act 1969 F13 , the Children and Young Persons Act 1969 F14 , the Matrimonial Causes Act 1973 F15 , the Children Act 1975 F16 , the Domestic Proceedings and Magistrates' Courts Act 1978 F17 , [F18 the Adoption and Children (Scotland) Act 2007] F19 , the Child Care Act 1980 F20 , the Family Law Act 1986 F21 , the Children Act 1989, F22 F23 ... the Children (Scotland) Act 1995 F24 [F25 and the Children’s Hearings (Scotland) Act 2011.]

Textual Amendments

F1 Words in reg. 21(3) inserted (1.11.2010) by The Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) Regulations 2010 (S.I. 2010/2449), regs. 1(2), 3(3)

F2 1989 c. 41.

F3 Words in reg. 21(3)(a) inserted (24.6.2013) by The Children’s Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013 (S.I. 2013/1465), art. 1(2), Sch. 1 para. 24(3)(a)

F4 2002 c. 38.

F5 Words in reg. 21(3)(c) substituted (15.7.2011) by The Adoption and Children (Scotland) Act 2007 (Consequential Modifications) Order 2011 (S.I. 2011/1740), art. 1(2), Sch. 1 para. 40(4)(a)

F6 S.I. 1996/3266.

F7 Words in reg. 21(4)(c) substituted (15.7.2011) by The Adoption and Children (Scotland) Act 2007 (Consequential Modifications) Order 2011 (S.I. 2011/1740), art. 1(2), Sch. 1 para. 40(4)(a)

F8 1955 c. 18.

F9 1955 c. 19.

F10 1957 c. 53.

F11 1958 c. 40.

F12 1968 c. 49.

F13 1969 c. 46.

F14 1969 c. 54.

F15 1973 c. 18.

F16 1975 c. 72.

F17 1978 c. 22.

F18 Words in reg. 21(6) substituted (15.7.2011) by The Adoption and Children (Scotland) Act 2007 (Consequential Modifications) Order 2011 (S.I. 2011/1740), art. 1(2), Sch. 1 para. 40(4)(b)

F19 1978 c. 28.

F20 1980 c. 5.

F21 1986 c. 55.

F22 1989 c. 41.

F23 Word in reg. 21(6) omitted (24.6.2013) by virtue of The Children’s Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013 (S.I. 2013/1465), art. 1(2), Sch. 1 para. 24(3)(b)(i)

F24 1995 c. 36.

F25 Words in reg. 21(6) inserted (24.6.2013) by The Children’s Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013 (S.I. 2013/1465), art. 1(2), Sch. 1 para. 24(3)(b)(ii)