PART 7Payability when person is residing in certain accommodation or is detained in custody

Periods of residence32

1

In these Regulations, a “period of residence” is a period during which C—

a

meets the condition in Article 90(2);

b

meets the condition in Article 91(2); or

c

is a person who is undergoing imprisonment or detention in legal custody.

2

Subject to paragraph (3), for the purposes of Article 92 and regulations 28 and 29, a period of residence—

a

begins on the day after the day on which C enters a care home, hospital or similar institution or commences a period of imprisonment or detention in legal custody; and

b

ends on the day before the day on which C leaves a care home, hospital or similar institution or on which a period of imprisonment or detention in legal custody ends.

3

Where, immediately following a period of residence for the purpose of sub-paragraphs (a), (b) or (c) of paragraph (1), C commences another period of residence for the purpose of any of those sub-paragraphs, the earlier period of residence is deemed to end on the day on which C leaves the care home, hospital or similar institution or, as the case may be, on which the period of imprisonment or detention ends.

4

Subject to paragraph (5), for the purposes of regulation 30(1) and 31(1)—

a

two or more distinct periods of residence separated by an interval not exceeding 28 days, or by two or more such intervals, are to be treated as a continuous period equal in duration to the total duration of such distinct periods and ending on the last day of the later or last such period; and

b

any period or periods to which those regulations refer are to be taken into account and aggregated with any other period referred to in those regulations.

5

Where the periods referred to in paragraph (4)(a) are both or all periods to which Article 92 (prisoners) applies, paragraph (4) is to have effect with the following modifications—

a

omit “subject to paragraph (5),” and “30(1) and”;

b

in sub-paragraph (a) for “28 days” substitute “one year”; and

c

in sub-paragraph (b)–

i

for “those regulations refer” substitute “that regulation refers”, and

ii

for “in those regulations” substitute “in that regulation”.