PART IIIMEMBERSHIP OF THE FAMILY
Circumstances in which a person is to be treated as being or not being a member of the householdI116
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 F5notwithstanding that any of them is absent from the dwelling occupied as his home.
2
Paragraph (1) shall not apply in respect of any person referred to therein who is not treated as occupying a dwelling as his home because he fails to satisfy the conditions in sub-paragraph (8) of paragraph 4 of Schedule 3 (housing costs) F6unless that person has been a patient within the meaning of regulation 21(3) for a period in excess of 52 weeks and is not a member of a couple or of a polygamous marriage.
3
Paragraph (1) shall not apply in respect of any member of a couple or of a polygamous marriage where—
a
b
one, both or all of them are detained in custody pending trial or sentence upon conviction or whilst serving a sentence imposed by a court; or
c
one of them is in accommodation and, if the accommodation is accommodation provided under the provisions referred to F11inF9any of sub-paragraphs (a) to (d) (F12excluding heads (i) and (ii) of sub-paragraph (d)) of the definition of residential accommodation in regulation 21(3) (special cases), the couple, or as the case may be, the members of the polygamous marriage are not entitled to income support and they have insufficient income to meet the minimum charge for that accommodation; or
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 in residential accommodation or a residential care home or a residential nursing home.
4
A child or young person shall not be treated as a member of the claimant's household where he is—
F17a
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
boarded out 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 F7and who—
a
F14in 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
where he went abroad before the date of claim for income support, with that date;
ii
in any other case, F16on the day which immediately follows the day on which he went abroad; or
F15aa
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
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 F8accommodation provided under any of the provisions referred to in F10any of sub-paragraphs (a) to (d) (F13excluding heads (i) and (ii) of sub-paragraph (d)) of the definition of residential accommodation” in regulation 21(3) for a continuous period of more than 12 weeks commencing—
i
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
F18c
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.
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—
F19a
“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.