Circumstances in which a person is to be treated as being or not being a member of the household
10.—(1) Subject to paragraphs (2) to (5), a relevant person and any partner and, where the relevant person or his partner is treated as responsible by virtue of regulation 9 (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) Subject to paragraph (4), a child or young person shall not be treated as a member of the relevant person’s household where he is –
(a)placed with the relevant person or his partner under a relevant enactment; or
(b)placed with the relevant person or his partner prior to adoption; or
(c)placed for adoption with the relevant person or his partner pursuant to a decision under the Adoption Agencies Regulations (Northern Ireland) 1989(1).
(4) Paragraph (3) shall not apply in any case where a child or young person –
(a)has been placed with the relevant person or his partner by a Health and Social Services Board under Article 27(2)(a) of the Children (Northern Ireland) Order 1995, and
(b)in accordance with regulation 9(2)(a) is to be treated for the purposes of paragraph (1) of that regulation as normally living with the relevant person or his partner.
(5) Subject to paragraph (6), paragraph (1) shall not apply to a child or young person who is not living with the relevant person and he –
(a)is in the care of the Department of Health, Social Services and Public Safety under a relevant enactment; or
(b)has been placed with a person other than the relevant person prior to adoption; or
(c)has been placed for adoption pursuant to a decision under the Adoption Agencies Regulations (Northern Ireland) 1989.
(6) A child or young person to whom paragraph (5)(a) applies shall be treated as being a member of the relevant person’s household in any period of 7 consecutive days commencing upon a Monday and ending on a Sunday where –
(a)that child or young person lives with the relevant person for part or all of that period, and
(b)it is reasonable to do so taking into account the nature and frequency of that child’s or young person’s visits.
(7) In this regulation “relevant enactment” means the Army Act 1955(2), the Air Force Act 1955(3), the Naval Discipline Act 1957(4) and the Children (Northern Ireland) Order 1995(5).
S.R. 1989 No. 253; to which there are amendments not relevant to these Regulations
1955 c. 18; the relevant amending instrument is S.I. 1995/755 (N.I. 2)
1955 c. 19; the relevant amending instrument is S.I. 1995/755 (N.I. 2)
1957 c. 53; the relevant amending instrument is S.I. 1995/755 (N.I. 2)
S.I. 1995/755 (N.I. 2); to which there are amendments not relevant to these Regulations