We are a private sector care provider about to open a new supported living scheme for adult clients with an acquired brain injury. The husband of a married couple is about to be placed there. How will he be treated for benefits purposes, both Income Support and Housing Benefit. Will he be treated as a single or separated person and living apart from his wife, or will the joint couple's income and savings be taken in to account as with a married couple living together. I understand that if the husband went in to a residential care home he would be treated as a single person; and it does seem analagous to that when placed in the supported living scheme. I am struggling to find the right guidance and benefits Regs for this case; any help welcome and appreciated.

Have a look at Reg 16 of the Income Support General Regulations 1987 (pages 240 and subsequent in Volume II of the current Social Security Legislation if you have it).

Basically, this deems couples to be living together despite a temporary separation UNLESS they fall within certain exemptions (by sub para 1).

The exemptions are then set out in sub para 2 and subsequent- the relevant one in the sort of case you describe is Reg 16(2):

(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 the person is in hospital or otherwise has no control over the length of his absence, and the absence is unlikely to substantially exceed 52 weeks.

Martin, many thanks for this; did see it earlier and forgot to say so.
cheers
Peter Patton