4.— (1) In this Act, “couple” means—

(a) two persons married to each other,

(b) a man and woman who are not married to each other but are cohabiting as husband and wife, or

(c) two persons of the same sex who are cohabiting in domestic circumstances comparable to that of a man and woman who are not married to each other but are cohabiting as husband and wife,

who are habitually living together at the date of the making of an application for State support by either or both of them or at the date of the commencement of the provision of care services to either or both of them.

(2) For the purposes of this section—

(a) a couple referred to in paragraph (b) of subsection (1) shall not be considered as habitually living together unless they have been cohabiting in the manner referred to in that paragraph,

(b) a couple referred to in paragraph (c) of subsection (1) shall not be considered as habitually living together unless they have been cohabiting in the manner referred to in that paragraph,

for a period of not less than 3 years immediately preceding the date of the making of an application for State support by either or both of them or at the date of the commencement of the provision of care services to either or both of them.

(3) Notwithstanding subsection (2), a person shall be considered as habitually living together with the other member of the couple where—

(a) either of them resides in or enters a relevant facility or approved nursing home for the purposes of being provided with care services,

(b) both of them reside in or enter a relevant facility or approved nursing home for the purposes of being provided with care services,

(c) either of them resides in or enters an institution (of whatever kind) for purposes related to—

(i) a physical or mental condition of the person concerned, or

(ii) the imprisonment, or the taking into lawful custody, of the person concerned, or

(d) both of them reside in or enter an institution (of whatever kind) for purposes related to—

(i) a physical or mental condition of the person concerned, or

(ii) the imprisonment, or the taking into lawful custody, of the person concerned.