PART 1General

HouseholdsI18

1

Subject to paragraphs (2) and (3), an applicant and any partner and, where the applicant or his partner is treated (by virtue of regulation 7) as responsible for a child or young person, that child or young person and any child of that child or young person, are to be treated as members of the same household notwithstanding that any of them is temporarily absent from that household.

2

A child or young person is not to be treated as a member of the applicant’s household where he is—

a

placed with the applicant or his partner by a local authority under section 22C or 23(2)(a) of the Children Act 198958 or by a voluntary organisation under section 59(1)(a) of that Act, or in Scotland boarded out with the applicant or his partner under a relevant enactment; or

b

placed, or in Scotland boarded out, with the applicant or his partner prior to adoption; or

c

placed for adoption with the applicant or his partner in accordance with the Adoption and Children Act 200259, the Adoption Agencies (Scotland) Regulations 200960 or the Adoption (Northern Ireland) Order 198761.

3

Subject to paragraph (4), paragraph (1) does not apply to a child or young person who is not living with the applicant and who—

a

is being looked after by, or in Scotland is in the care of, a local authority under a relevant enactment; or

b

has been placed, or in Scotland boarded out, with a person other than the applicant prior to adoption; or

c

has been placed for adoption in accordance with the Adoption and Children Act 2002 or the Adoption Agencies (Scotland) Regulations 2009.

4

An authority must treat a child or young person to whom paragraph (3)(a) applies as being a member of the applicant’s household in any reduction week where—

a

that child or young person lives with the applicant for part or all of that reduction week; and

b

the authority considers that it is reasonable to do so taking into account the nature and frequency of that child’s or young person’s visits.

5

In this regulation “relevant enactment” means—

a

the Army Act 195562;

b

the Air Force Act 195563;

c

the Naval Discipline Act 195764;

d

the Matrimonial Proceedings (Children) Act 195865;

e

the Social Work (Scotland) Act 196866;

f

the Family Law Reform Act 196967;

g

the Children and Young Persons Act 196968;

h

the Matrimonial Causes Act 197369;

i

the Children Act 197570;

j

the Domestic Proceedings and Magistrates’ Courts Act 197871;

k

the Adoption and Children (Scotland) Act 200772;

l

the Family Law Act 198673;

m

the Children Act 198974;

n

the Children (Scotland) Act 199575; and

o

the Legal Aid, Sentencing and Punishment of Offenders Act 201276.