PART IIIMEMBERSHIP OF THE FAMILY
Persons of a prescribed descriptionI114
1
Subject to paragraph (2), a person of a prescribed description for the purposes of section 20(11) of the Act as it applies to income support (definition of the family) and section 23(1) F7and (3) of the Act (trade disputes) is a person F31who falls within the definition of qualifying young person in section 142 of the Contributions and Benefits Act (child and qualifying young person), and in these Regulations such a person is referred to as a “young person”.
F242
Paragraph (1) shall not apply to a person who is—
F32a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
entitled to income support or would, but for section 134(2) (provision against dual entitlement of members of family) of the Contributions and Benefits Act, be so entitled; F34...
c
a person to whom section 6 of the Children (Leaving Care) Act 2000 (exclusion from benefits) appliesF35or
d
entitled to an employment and support allowance or would, but for paragraph 6(1)(d) of Schedule 1 to the Welfare Reform Act (conditions of entitlement to income-related employment and support allowance), be so entitled.
F253
A person of a prescribed description for the purposes of section 137(1) of the Contributions and Benefits Act as it applies to income support (definition of family) includes a child or young person in respect of whom section 145A of that Act applies for the purposes of entitlement to child benefit but only for the period prescribed under section 145A(1) of that Act.
Circumstances in which a person is to be treated as responsible or not responsible for anotherI215
F121
Subject to the following provisions of this regulation, a person is to be treated as responsible for a child or young person for whom he is receiving child benefit F26and this includes a child or young person to whom paragraph (3) of regulation 14 applies.
1A
In a case where a child (“the first child”) is in receipt of child benefit in respect of another child (“the second child”), the person treated as responsible for the first child in accordance with the provisions of this regulation shall also be treated as responsible for the second child.
2
In the case of a child or young person in respect of whom no person is receiving child benefit, the person who shall be treated as responsible for that child or young person shall be—
a
except where sub-paragraph (b) applies, the person with whom the child or young person usually lives; or
b
where only one claim for child benefit has been made in respect of the child or young person, the person who made that claim.
3
Where regulation 16(6) (circumstances in which a person is to be treated as being or not being a member of the household) applies in respect of a child or young person, that child or young person shall be treated as the responsibility of the claimant for that part of the week for which he is under that regulation treated as being a member of the claimant's household.
4
Except where paragraph (3) applies, for the purposes of these Regulations a child or young person shall be treated as the responsibility of only one person in any benefit week and any person other than the one treated as responsible for the child or young person under this regulation shall be treated as not so responsible.
Circumstances in which a person is to be treated as being or not being a member of the householdI316
1
Subject to paragraphs (2) to (5), the claimant and any partner and, where the claimant or his partner is treated as responsible under regulation 15 (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 F4notwithstanding that any of themF13is temporarily living away from the other members of his family.
F142
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 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
Paragraph (1) shall not apply in respect of any member of a couple or of a polygamous marriage where—
a
F19b
one, both or all of them are—
i
detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court; or
ii
on temporary release in accordance with the provisions of the Prison Act 1952 or the Prisons (Scotland) Act 1989;
F11c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
the claimant is abroad and does not satisfy the conditions of regulation 4 (temporary absence from Britain); or
e
one of them is permanently F29residing in a care home, an Abbeyfield Home or an independent hospital.
4
A child or young person shall not be treated as a member of the claimant's household where he is—
F21a
placed with the claimant or his partner by a local authority under section 23(2)(a) of the Children Act 1989 or by a voluntary organisation under section 59(1)(a) of that Act; or
b
placed with the claimant or his partner prior to adoption; or
5
Subject to paragraph (6), paragraph (1) shall not apply to a child or young person who is not living with the claimant F5and who—
a
F8in a case which does not fall within sub-paragraph (aa), has been continuously absent from Great Britain for a period of more than four weeks commencing—
i
F15subject to paragraph (5A), where he went abroad before the date of claim for income support, with that date;
ii
in any other case, F10on the day which immediately follows the day on which he went abroad; or
F9aa
where regulation 4(3) or paragraph 11A or 12A of Schedule 7 (temporary absence abroad for the treatment of a child or young person) applies, has been continuously absent from Great Britain for a period of more than 8 weeks, that period of 8 weeks commencing—
i
F16subject to paragraph (5A), where he went abroad before the date of the claim for income support, on the date of that claim;
ii
in any other case, on the day which immediately follows the day on which he went abroad; or
b
has been an in-patient or in F6accommodation F30... for a continuous period of more than 12 weeks commencing—
i
F17subject to paragraph (5A), where he became an in-patient or, as the case may be, entered that accommodation before the date of the claim for income support, with that date; or
ii
in any other case, with the date on which he became an in-patient or entered that accommodation,
and, in either case, has not been in regular contact with either the claimant or any member of the claimant's household; or
F22c
is being looked after by a local authority under a relevant enactment; or
d
has been placed with a person other than the claimant prior to adoption; or
e
has been placed for adoption pursuant to a decision under the Adoption Agencies Regulations 1983 or the Adoption Agencies (Scotland) Regulations 1984; or
f
is detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court.
F185A
Sub-paragraphs (a)(i), (aa)(i) and (b)(i) of paragraph (5) shall not apply in a case where immediately before the date of claim for income support the claimant was entitled to an income-based jobseeker’s allowance.
6
A child or young person to whom any of the circumstances mentioned in sub-paragraphs (c) or (f) of paragraph (5) applies shall be treated as being a member of the claimant's household only for that part of any benefit week where that child or young person lives with the claimant.
7
Where a child or young person for the purposes of attending the educational establishment at which he is receiving relevant education is living with the claimant or his partner and neither one is treated as responsible for that child or young person that child or young person shall be treated as being a member of the household of the person treated as responsible for him and shall not be treated as a member of the claimant's household.
8
In this regulation—
F28za
“accommodation” means accommodation provided by a local authority in a home owned or managed by that local authority—
i
under sections 21 to 24 of the National Assistance Act 1948 (provision of accommodation),
ii
in Scotland, under section 13B or 59 of the Social Work (Scotland) Act 1968 (provision of residential or other establishment), or
iii
under section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (care and support services etc.),
where the accommodation is provided for a person whose stay in that accommodation has become other than temporary;
F23a
“relevant enactment” means the Army Act 1955, the Social Work (Scotland) Act 1968, the Matrimonial Causes Act 1973, the Adoption (Scotland) Act 1978, the Family Law Act 1986 and the Children Act 1989
b
“voluntary organisation” has the meaning assigned to it in the F20Children Act 1989 or, in Scotland, the Social Work (Scotland) Act 1968.