Search Legislation

Housing Renovation etc. Grants (Reduction of Grant) Regulations (Northern Ireland) 1997

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Circumstances in which a person is to be treated as being or not being a member of the household

8.—(1) Subject to paragraphs (2) to (4), a relevant person and any partner and, where the relevant person or his partner is treated as responsible by virtue of regulation 7 (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 notwithstanding that any of them is temporarily living away from the other members of his family.

(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 where 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) A child or young person shall not be treated as a member of the relevant person’s household where he is—

(a)placed with the relevant person or his partner under a relevant enactment; or

(b)placed with the relevant person or his partner prior to adoption; or

(c)placed for adoption with the relevant person or his partner pursuant to a decision under the Adoption Agencies Regulations (Northern Ireland) 1989(1).

(4) Subject to paragraph (5), paragraph (1) shall not apply to a child or young person who is not living with the relevant person and he—

(a)is in the care of the Department of Health and Social Services under a relevant enactment; or

(b)has been placed with a person other than the relevant person prior to adoption; or

(c)has been placed for adoption pursuant to a decision under the Adoption Agencies Regulations (Northern Ireland) 1989.

(5) A child or young person to whom paragraph (4)(a) applies shall be treated as being a member of the relevant person’s household in any period of 7 consecutive days commencing upon a Monday and ending on a Sunday where—

(a)that child or young person lives with the relevant person for part or all of that period, and

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

(6) In this regulation “relevant enactment” means the Army Act 1955(2), the Air Force Act 1955(3), the Naval Discipline Act 1957(4) and the Children (Northern Ireland) Order 1995(5).

(1)

S.R. 1989 No. 253; to which there are no relevant amendments

(2)

1955 c. 18; the relevant amending instrument is S.I. 1995/755 (N.I. 2)

(3)

1955 c. 19; the relevant amending instrument is S.I. 1995/755 (N.I. 2)

(4)

1957 c. 53; the relevant amending instrument is S.I. 1995/755 (N.I. 2)

(5)

S.I. 1995/755 (N.I. 2); to which there are no relevant amendments

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources