PART 1INTRODUCTION
The Benefit Unit
When a person is responsible for a child or qualifying young person4
1
Whether a person is responsible for a child or qualifying young person for the purposes of Part 2 of the Order and these Regulations is determined as follows.
2
A person is responsible for a child or qualifying young person who normally lives with them.
3
But a person is not responsible for a qualifying young person if the two of them are living as a couple.
4
Where a child or qualifying young person normally lives with two or more persons who are not a couple, only one of them is to be treated as responsible and that is the person who has the main responsibility.
5
The persons mentioned in paragraph (4) may jointly nominate which of them has the main responsibility but the Department may determine that question—
a
in default of agreement, or
b
if a nomination or change of nomination does not, in the opinion of the Department, reflect the arrangements between those persons.
6
Subject to regulation 5, a child or qualifying young person is to be treated as not being the responsibility of any person during any period when the child or qualifying young person is—
a
looked after by an authority, or
b
a prisoner.
7
Where a child or qualifying young person is temporarily absent from a person’s household the person ceases to be responsible for the child or qualifying young person if—
a
the absence is expected to exceed, or does exceed, 6 months, or
b
the absence is from Northern Ireland and is expected to exceed, or does exceed, one month unless it is in circumstances where an absence of a person for longer than one month would be disregarded for the purposes of regulation 11(2) or (3) (death of close relative etc.or medical treatment or convalescence).