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The Child Benefit (General) Regulations 1976 (revoked)

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Version Superseded: 07/04/2003

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[F1Circumstances in which persons absent from one another are or are not to be treated as residing togetherE+W+S

11.(1) Where a person is married, he and his spouse shall be treated for the purposes of the Act as residing together during any period of absence the one from the other falling before the date in that period of absence on which-

(a) they are separated under an order of a court of competent jurisdiction or deed of separation; or

(b)they have been absent the one from the other for at least 91 consecutive days,

and, for any part of that period of absence from one another from the date on which they are separated as specified in sub-paragraph (a) or have already been absent from one another as specified in sub-paragraph (b), the spouses shall be treated for the purposes of the Act as not residing together where such absence is likely to be permanent but as residing together where such absence is not likely to be permanent.

(2) Spouses shall be treated as residing together for the purposes of the Act during any period in which any absence the one from the other is by reason only of the fact that either of them is, or they both are, undergoing medical or other treatment as an in-patient in a hospital or similar institution whether such absence is temporary or not.

(3) Where two persons are parents of a child but not husband and wife they shall be treated as residing together for the purposes of the Act during any period of temporary absence the one from the other where they would be so treated but for such temporary absence.]

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