The Disability Working Allowance (General) Regulations (Northern Ireland) 1992

Membership of the same household

10.—(1) Except in a case to which paragraph (2) applies, where a claimant or any partner is treated as responsible for a child or young person by virtue of regulation 9 (circumstances in which a person is to be treated as responsible or not responsible for another), that child or young person and any child of that child or young person shall be treated as a member of the claimant’s household.

(2) A child or young person shall not be treated as a member of the claimant’s household in any case where the child or young person—

(a) is a patient or in residential accommodation on account of physical or mental handicap or physical or mental illness and has been so accommodated for the 12 weeks immediately before the date of claim and is no longer in regular contact with the claimant or any member of the claimant’s household;

(b) has been boarded out with the claimant or his partner prior to adoption;

(c) is boarded out with the claimant or his partner under a relevant enactment;

(d) has been placed for adoption with the claimant or his partner pursuant to a decision under the Adoption Agencies Regulations (Northern Ireland) 1989(1);

(e) is detained in custody under a sentence imposed by a court; or

(f) is in a training school within the meaning of section 137 of the Children and Young Persons Act (Northern Ireland) 1968(2) (approval of schools).

(3) In this regulation—

(a) “patient” means a person (other than a person who is serving a sentence imposed by a court in a prison, young offenders centre or a training school) who is regarded as receiving free in-patient treatment within the meaning of the Social Security (Hospital In-Patients) Regulations (Northern Ireland) 1975(3);

(b) “relevant enactment” means the Guardianship of Infants Act 1886(4), the Army Act 1955(5), the Air Force Act 1955(6), the Naval Discipline Act 1957(7), the Children and Young Persons Act (Northern Ireland) 1968, the Health and Personal Social Services (Northern Ireland) Order 1972(8), the Family Law Reform (Northern Ireland) Order 1977(9), the Matrimonial Causes (Northern Ireland) Order 1978(10), the Domestic Proceedings (Northern Ireland) Order 1980(11) and the Adoption (Northern Ireland) Order 1987(12);

(c) “residential accommodation” means accommodation for a person whose stay in the accommodation has become other than temporary which is provided under—

(i) Article 15 (general social welfare) or 36 (accommodation for persons in need in premises maintained by certain persons) of the Health and Personal Social Services (Northern Ireland) Order 1972(13), or

(ii) Article 7 (prevention of illness, care and after-care) or 8 (care of mothers and young children) of that Order.

(1)

S.R. 1989 No. 253

(2)

1968 c. 34 (N.I.)

(3)

S.R. 1975 No. 109; relevant amending regulations are S.R. 1987 No. 391

(4)

1886 c. 27

(5)

1955 c. 18

(6)

1955 c. 19

(7)

1957 c. 53

(8)

S.I. 1972/1265 (N.I. 14)

(9)

S.I. 1977/1250 (N.I. 17)

(10)

S.I. 1978/1045 (N.I. 15)

(11)

S.I. 1980/563 (N.I. 5)

(12)

S.I. 1987/2203 (N.I. 22)

(13)

Article 15 was extended by Article 11(1) of the Health and Personal Social Services (Northern Ireland) Order 1978 (S.I. 1978/1907 (N.I. 26)) and sections 1 and 2 of the Chronically Sick and Disabled Persons (Northern Ireland) Act 1978 (c. 53) and Article 36 was amended by Article 11(2) of the said Order