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4.—(1) A person is to be treated as ordinarily resident in any premises for the purposes of section 50 if that person is in fact resident in such premises or is temporarily absent from such premises.
(2) In this regulation, “temporarily absent” means absent for a period which does not exceed–
(a)where the person is not a patient throughout the period of the absence–
(i)4 weeks, where the person was, before the absence, a temporary resident in relevant premises; or
(ii)13 weeks, where the person was, before the absence, a permanent resident in relevant premises; or
(b)where the person is a patient throughout the period of the absence, 52 weeks.
(3) For the purposes of this regulation–
(a)a “patient” means a person (other than a prisoner) who is regarded as receiving free in-patient treatment within the meaning of the Social Security (Hospital In-Patients) Regulations 1975(1); and
(b)a person is a permanent resident in relevant premises where those premises are that person’s principal place of abode, and a temporary resident where they are not.
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