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 [F1or an independent hospital];

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

(i)detained in a hospital provided under the provisions of the Mental Health Act 1983, the [F2Mental Health (Care and Treatment) (Scotland) Act 2003], 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 F3... regulation 3 (persons temporary absent from Great Britain).

F4(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5(f)he is absent from Great Britain for more than 13 weeks;]

F6(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7(h)he is a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act 1999]

[F8(1A) Paragraph (1)(d) and (f) shall not apply where a person is treated as being in Great Britain in accordance with regulation 4.]

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

F9(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Marginal Citations