Membership of the same householdU.K.
8.—(1) Except in a case to which paragraph (2) applies, where a claimant or any partner is treated as responsible for a child or young person by virtue of regulation 7 (circumstances where a person is treated as responsible or not responsible for another), that child or young person and any child of that child or young person shall be treated as a member of the claimant's household.
(2) A child or young person shall not be treated as a member of the claimant's household in any case where the child or young person—
(a)is a patient or in residential accommodation on account of physical or mental handicap or physical or mental illness and has been so accommodated for the 12 weeks immediately before the date of claim and is no longer in regular contact with the claimant or any member of the claimant's household; or
(b)[F1[F1has been boarded out with the claimant or his partner prior to adoption; or
has been placed with the claimant or his partner prior to adoption;
(c)is boarded out with the claimant or his partner under a relevant enactment; or
has been 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]]
(d)has been placed for adoption with the claimant or his partner pursuant to a decision under the Adoption Agencies Regulations 1983 M1or the Adoption Agencies (Scotland) Regulations 1984 M2; or
(e)is detained in custody under a sentence imposed by a court.
(3) In this regulation—
(a)“patient” means a person (other than a person who is serving a sentence imposed by a court in a prison or youth custody institution) who is regarded as receiving free in-patient treatment within the meaning of the Social Security (Hospital In-Patients) Regulations 1975 M3.
(b)[F2 “ relevant enactment ” means the Army Act 1955 M4 , the Air Force Act 1955 M5 , the Naval Discipline Act 1957 M6 , the Adoption Act 1958 M7 , the Matrimonial Proceedings (Children) Act 1958 M8 , the Children Act 1958 M9 , the Social Work (Scotland) Act 1968 M10 , the Family Law Reform Act 1969 M11 , the Children and Young Persons Act 1969 M12 , the Matrimonial Causes Act 1973 M13 , the Guardianship Act 1973 M14 , the Children Act 1975 M15 , the Domestic Proceedings and Magistrates' Courts Act 1978 M16 , the Adoption (Scotland) Act 1978 M17 , the Child Care Act 1980 M18 and the Foster Children Act 1980 M19 ; ]
(c)“residential accommodation” means accommodation for a person whose stay in the accommodation has become other than temporary which is provided under—
(i)sections 21 to 24 and 26 of the National Assistance Act 1948 M20 (provision of accommodation); or
(ii)section 21(1) of, and paragraph 1 or 2 of Schedule 8 to, the National Health Service Act 1977 M21 (prevention, care and after-care) or, in Scotland, for the purposes of section 27 of the National Health Services (Scotland) Act 1947 M22 (prevention of illness and after-care) or under section 59 of the Social Work (Scotland) Act 1968 M23 (provision of residential and other establishments) or under section 7 of the Mental Health (Scotland) Act 1984 M24 (functions of local authorities).
Textual Amendments
F1Reg. 8(2)(b)(c) substituted (E+W) (7.4.1992) by The Family Credit (General) Amendment Regulations 1992 (S.I. 1992/573), regs. 1(1), Sch. para 1(a)
F2Reg. 8(3)(b) omitted (E+W) (7.4.1992) by The Family Credit (General) Amendment Regulations 1992 (S.I. 1992/573), regs. 1(1), Sch. para 1(b)
Marginal Citations
M3S.I. 1975/555; the relevant amending instruments are S.I. 1977/1693 and 1987/1683.
M201948 c. 29; section 21 was amended by the Local Government Act 1972 (c. 70), Schedule 23 paragraphs 1 and 2 and Schedule 30; the National Health Service Reorganisation Act 1973 (c. 32), Schedule 4 paragraph 44 and Schedule 5; the Housing (Homeless Persons) Act 1977 (c. 48), Schedule; the National Health Service Act 1977 (c. 49), Schedule 15 paragraph 5; the Health Services Act 1980 (c. 53), Schedule 1 Part 1 paragraph 5. Section 22 was amended by the Social Work (Scotland) Act 1968 (c. 49), section 87(4) and Schedule 9 Part I; the Supplementary Benefits Act 1976 (c. 71) Schedule 7 paragraph 3; the Housing (Homeless Persons) Act 1977 (c. 48), Schedule; the Social Security Act 1980 (c. 30), section 20, Schedule 4 paragraph 2(1) and Schedule 5 Part II and the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), section 20(1)(a). Section 24 was amended by the National Assistance (Amendment) Act 1959 (c. 30), section 1(1); the National Health Service (Scotland) Act 1972 (c. 58), Schedule 6 paragraph 82; the Local Government Act 1972 (c. 70), Schedule 23 paragraph 2; the National Health Service Reorganisation Act 1973 (c. 32), Schedule 4 paragraph 45 and the Housing (Homeless Persons) Act 1977 (c. 48), Schedule. Section 26 was amended by the Health Services and Public Health Act 1968 (c. 46), section 44 and Schedule 4 and the Social Work (Scotland) Act 1968 (c. 49) Schedule 9 Part I and applied by section 87(3); the Local Government Act 1972 (c. 70), Schedule 23 paragraph 2; the Housing (Homeless Persons) Act 1977 (c. 48), Schedule and the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), section 20(1)(b).
M211977 c. 49; paragraphs 1(2) and 2(5) of Schedule 8 were repealed by section 30 of, and Schedule 10 Part I to, the Health and Social Services and Social Security Adjudications Act 1983 (c. 41) and paragraphs 2(1) to (3) were amended by the Mental Health Act 1983 (c. 20) section 148 and Schedule 4.
M221947 c. 27, as applied by section 1(4)(c) of the Social Work (Scotland) Act 1968 (c. 49); section 27 is continued in force for the purposes of section 1(4)(c) by paragraph 15 of Schedule 15 to the National Health Service (Scotland) Act 1978 (c. 29).