16.—(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 [F1notwithstanding that any of them] [F2is temporarily living away from the other members of his family].
[F3(2) 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)one, both or all of them are patients detained in a hospital provided under section 4 of the National Health Service Act 1977 F4 (special hospitals) or section 90(1) of the Mental Health (Scotland) Act 1984 F5 (provision of hospitals for patients requiring special security); or
[F6(b)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;]
F7(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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—
[F8(a)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]
(c)placed for adoption with the claimant or his partner pursuant to a decision under the Adoption Agencies Regulations 1983 F9 or the Adoption Agencies (Scotland) Regulations 1984F10.
(5) Subject to paragraph (6), paragraph (1) shall not apply to a child or young person who is not living with the claimant [F11and who]—
(a)[F12in 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)[F13subject to paragraph (5A),] where he went abroad before the date of claim for income support, with that date;
(ii)in any other case, [F14on the day which immediately follows the day] on which he went abroad; or
[F15(aa)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 [F17accommodation provided under any of the provisions referred to in [F18any of sub-paragraphs (a) to (d) ([F19excluding 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)[F20subject 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
[F21(c)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.
[F22(5A) 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—
[F23(a)“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 [F24Children Act 1989] or, in Scotland, the Social Work (Scotland) Act 1968.
Textual Amendments
F1Words in reg. 16(1) substituted (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 8(a)
F2Words in reg. 16(1) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 4) Regulations 1993 (S.I. 1993/2119), regs. 1(1)(a), 6(2)
F3Reg. 16(2) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 4) Regulations 1993 (S.I. 1993/2119), regs. 1(1)(a), 6(3)
F41977 c. 49; section 4 was amended by section 148, Schedule 4, paragraph 47 of the Mental Health Act 1983 (c. 20).
F6Reg. 16(3)(b) substituted (with effect in accordance with reg. 1(6) of the amending S.I.) by The Income-related Benefits Schemes and Social Fund (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/1944), regs. 1(1)(a), 6(5) (with reg. 13)
F7Reg. 16(3)(c) omitted (1.4.1993) by virtue of The Social Security Benefits (Amendments Consequential Upon the Introduction of Community Care) Regulations 1992 (S.I. 1992/3147), reg. 1(1), Sch. 1 para. 1
F8Reg. 16(4)(a)(b) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) Amendment Regulations 1992 (S.I. 1992/468), reg. 1(1), Sch. para. 3(a) (with Sch. para. 11)
F11Words in reg. 16(5) substituted (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 8(d)(i)
F12Words in reg. 16(5)(a) inserted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 7(a)
F13Words in reg. 16(5)(a)(i) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) (Jobseeker’s Allowance Consequential Amendments) Regulations 1996 (S.I. 1996/206), regs. 1(1), 8(2)
F14Words in reg. 16(5)(a) substituted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 7(a)
F15Reg. 16(5)(aa) inserted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 7(b)
F16Words in reg. 16(5)(aa)(i) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) (Jobseeker’s Allowance Consequential Amendments) Regulations 1996 (S.I. 1996/206), regs. 1(1), 8(2)
F17Words in reg. 16(5)(b) substituted (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 8(d)(ii)
F18Words in reg. 16(5)(b) substituted (with effect in accordance with reg. 1(1)(a) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), regs. 1(1), 3
F19Words in reg. 16(5)(b) substituted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 3
F20Words in reg. 16(5)(b)(i) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) (Jobseeker’s Allowance Consequential Amendments) Regulations 1996 (S.I. 1996/206), regs. 1(1), 8(2)
F21Reg. 16(5)(c)(d) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) Amendment Regulations 1992 (S.I. 1992/468), reg. 1(1), Sch. para. 3(b) (with Sch. para. 11)
F22Reg. 16(5A) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) (Jobseeker’s Allowance Consequential Amendments) Regulations 1996 (S.I. 1996/206), regs. 1(1), 8(3)
F23Reg. 16(8)(a) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) Amendment Regulations 1992 (S.I. 1992/468), reg. 1(1), Sch. para. 3(c)(i) (with Sch. para. 11)
F24Words in reg. 16(8)(b) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income Support (General) Amendment Regulations 1992 (S.I. 1992/468), reg. 1(1), Sch. para. 3(c)(ii) (with Sch. para. 11)
Commencement Information
I1Reg. 16 in force at 11.4.1988, see reg. 1