If it is really respite care, ie temporary, fixed term care then the jointly owned home remains the dwelling normally occupied as the home and is disregarded under para.1, Sch.10, IS Regs, read with Sch.3, para.3. Or is it 'temporary' care which is covered by Sch.3, para.3(8)?
Reg.52 and Hourigan are only likely to be an issues when one partner has moved permanently into residential care. Even then the most common solution is to use para.4 Sch.10 if the partner not in care is over 60 or incapacitated.
Richard Atkinson
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