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4.—(1) A person is to be treated as ordinarily resident in any premises for the purposes of section 1 if he is in fact resident in such premises or if he is temporarily absent from such premises.
(2) For the purposes of this regulation “temporarily absent” means absent for a period which does not exceed—
(a)unless throughout the period of absence the person was a patient—
(i)4 weeks, where he was before his absence a temporary resident in relevant premises;
(ii)13 weeks, where he was before his absence a permanent resident in relevant premises;
(b)52 weeks, where throughout the period of absence the person was a patient.
(3) For the purposes of this regulation—
(a)a “patient” means a person (other than a prisoner) who is regarded as receiving free in-patient treatment within the meaning of the Social Security (Hospital In-Patients) Regulations (Northern Ireland) 1975(1); and
(b)a person is a permanent resident in relevant premises where those premises are his principal place of abode, and a temporary resident where they are not.
S.R. 1975 No. 109; Relevant amending instruments are S.R. 1987 No. 391 and S.R. 1992 No. 453
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