The Employment and Support Allowance Regulations 2013

Absence in order to receive NHS treatment

91.  A claimant is to continue to be entitled to an employment and support allowance during any period of temporary absence from Great Britain if—

(a) while absent from Great Britain, the claimant continues to satisfy the other conditions of entitlement to that employment and support allowance; and

(b) that period of temporary absence is for the purpose of the claimant receiving treatment at a hospital or other institution outside Great Britain where the treatment is being provided—

(i) under section 6(2) of the Health Service Act (Performance of functions outside England)(1) or section 6(2) of the Health Service (Wales) Act (Performance of functions outside Wales);

(ii) pursuant to arrangements made under section 12(1) of the Health Service Act (Secretary of State’s arrangements with other bodies)(2), section 10(1) of the Health Service (Wales) Act (Welsh Ministers’ arrangements with other bodies), paragraph 18 of Schedule 4 to the Health Service Act (joint exercise of functions)(3) or paragraph 18 of Schedule 3 to the Health Service (Wales) Act (joint exercise of functions)(4); or

(iii) under any equivalent provision in Scotland or pursuant to arrangements made under such provision.

(1)

Section 6(2) was amended by paragraph 2 of Schedule 4 to the Health and Social Care Act 2012 (c.7).

(2)

Section 12 was amended by paragraph 8 of Schedule 4 to the Health and Social Care Act 2012.

(3)

Paragraph 18 of Schedule 4 was amended by paragraph 8 of Schedule 4 to the Health and Social Care Act 2012.

(4)

Paragraph 18 of Schedule 3 was amended by paragraph 40 of Schedule 21 to the Health and Social Care Act 2012.