PART IIEntitlement and amount

Persons treated as being or not being members of the same household

5.—(1) A person is to be treated as not being a member of the same household as the claimant if—

(a)he is living away from the claimant and—

(i)he does not intend to resume living with the claimant; or

(ii)his absence is likely to exceed 52 weeks except where 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;

(b)he or the claimant is permanently in a care home;

(c)he or the claimant is, or both are—

(i)detained in a hospital provided under [F1the provisions of the Mental Health Act 1983, the Mental Health (Scotland) Act 1984, or the Criminal Procedure (Scotland) Act 1995; or]

(ii)detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court; or

(iii)on temporary release in accordance with the provisions of the Prison Act 1952 M1 or the Prison (Scotland) Act 1989M2;

(d)the claimant is abroad and does not satisfy F2... regulation 3 (persons temporary absent from Great Britain).

[F3(e)either he or the claimant is not in Great Britain and is not treated as being in Great Britain in accordance with regulation 4;]

[F4(f)he is absent from Great Britain—

(i)for more than 8 weeks where he is accompanying a young person solely in connection with arrangements made for the treatment of that person for a disease or bodily or mental disablement, and those arrangements relate to treatment outside Great Britain by, or under the supervision of, a person appropriately qualified to carry out the treatment, during the period whilst he is temporarily absent from Great Britain; or

(ii)for more than 4 weeks in all other cases.]

F5(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6(h)he is a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act 1999]

(2) Subject to paragraph (1), partners shall be treated as members of the same household notwithstanding that they are temporarily living apart.

[F7(3) in paragraph (1)(f) “young person” and “appropriately qualified” shall have the meaning given to them in regulation 3(4).]

Textual Amendments

Marginal Citations