5.—(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 or nursing home;
(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(1);
(d)the claimant is abroad and does not satisfy F1... regulation 3 (persons temporarily absent from Northern Ireland);
(e)either he or the claimant is not in Northern Ireland and is not treated as being in Northern Ireland in accordance with regulation 4;
[F2(f)he is absent from Northern Ireland –
(i)for more than 8 weeks where he is accompanying a young person solely in connection with arrangements made for the treatment of that person for a disease or bodily or mental disablement, and those arrangements relate to treatment outside Northern Ireland by, or under the supervision of, a person appropriately qualified to carry out the treatment, during the period whilst he is temporarily absent from Northern Ireland, or
(ii)for more than 4 weeks in all other cases];
F3(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(h)he is a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act 1999(2).
(2) Subject to paragraph (1), partners shall be treated as members of the same household notwithstanding that they are temporarily living apart.
[F4(3) In paragraph (1)(f) “young person” and “appropriately qualified” shall have the meaning given to them in regulation 3(4).]
Textual Amendments
F1Words 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)
F2Reg. 5(1)(f) substituted (6.10.2003) by The State Pension Credit (Transitional and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/421), regs. 1(1), 2(5)(a)(ii)
F3Reg. 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)
F4Reg. 5(3) inserted (6.10.2003) by The State Pension Credit (Transitional and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/421), regs. 1(1), 2(5)(b)
Commencement Information