PART 11SUPPLEMENTARY PROVISIONS
CHAPTER 3Temporary absence from Great Britain
Absence from Great Britain151.
(1)
A claimant who is entitled to an employment and support allowance is to continue to be so entitled during a period of temporary absence from Great Britain only in accordance with this Chapter.
F1(1A)
Where a person is temporarily absent from Great Britain, except where the circumstances in regulations 154 or 155 apply, the total period of temporary absence where the claimant is treated as present in Great Britain will not exceed 26 weeks.
(2)
A claimant who continues to be entitled to a contributory allowance during a period of temporary absence will not be disqualified for receiving that allowance during that period under section 18(4) of the Act.
Short absence152.
A claimant is to continue to be entitled to an employment and support allowance during the first 4 weeks of a temporary absence from Great Britain if—
(a)
the period of absence is unlikely to exceed 52 weeks; and
(b)
while absent from Great Britain, the claimant continues to satisfy the other conditions of entitlement to that employment and support allowance.
Absence to receive medical treatment153.
(1)
A claimant is to continue to be entitled to an employment and support allowance during the first 26 weeks of a temporary absence from Great Britain if—
(a)
the period of absence is unlikely to exceed 52 weeks;
(b)
while absent from Great Britain, the claimant continues to satisfy the other conditions of entitlement to that employment and support allowance;
(c)
the claimant is absent from Great Britain solely—
(i)
in connection with arrangements made for the treatment of the claimant for a disease or bodily or mental disablement directly related to the claimant's limited capability for work which commenced before leaving Great Britain; or
(ii)
because the claimant is accompanying a dependent child in connection with arrangements made for the treatment of that child for a disease or bodily or mental disablement;
(d)
those arrangements relate to treatment—
(i)
outside Great Britain;
(ii)
during the period whilst the claimant is temporarily absent from Great Britain; and
(iii)
by, or under the supervision of, a person appropriately qualified to carry out that treatment; and
F2(e)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)
In paragraph (1)(d)(iii), “appropriately qualified” means qualified to provide medical treatment, physiotherapy or a form of treatment which is similar to, or related to, either of those forms of treatment.
Absence in order to receive NHS treatment154.
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;
(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) 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), 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) or paragraph 18 of Schedule 3 to the Health Service (Wales) Act (Joint exercise of functions); or
(iii)
under any equivalent provision in Scotland or pursuant to arrangements made under such provision; F3...
F3(c)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Absence of member of family of member of Her Majesty's forces155.
(1)
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)
the claimant is a member of the family of a member of Her Majesty's forces and temporarily absent from Great Britain by reason only of the fact that the claimant is living with that member; F4...
F4(b)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)
In this regulation “member of the family of a member of Her Majesty's forces” means the spouse, civil partner, son, daughter, step-son, step-daughter, father, father-in-law, step-father, mother, mother-in-law or step-mother of such a member.
F5Absence where His Majesty’s Government provides public information to advise British nationals to leave a country or territory or arranges the evacuation of British nationals from that country or territory155A.
A claimant is to continue to be entitled to an employment and support allowance during the first 26 weeks of a temporary absence from Great Britain if—
(a)
the claimant was present in a country or territory outside Great Britain immediately before His Majesty’s Government—
(i)
provided public information to advise British nationals to leave that country or territory, or
(ii)
arranged the evacuation of British nationals from that country or territory;
(b)
any of regulations 152 to 155 applied to the person when the public information was issued or the evacuation began;
(c)
the Secretary of State is satisfied that it would be unreasonable to expect the claimant to return, or have returned, to Great Britain; and
(d)
the claimant did not enter that country or territory when His Majesty’s Government’s public information was to advise British nationals to leave that country or territory.