The Social Security (Invalid Care Allowance) Regulations 1976

Changes over time for: Section 9

Version Superseded: 20/11/2023

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Conditions relating to residence and presence in Great Britain

9.—(1) Subject to the following provisions of this regulation [F1and regulations [F29A, 9B and 9C]], the prescribed conditions for the purposes of [F3section 70(4) of the Contributions and Benefits Act] (person not to be entitled to [F4a carer’s allowance] unless he satisfies prescribed conditions as to residence or presence in Great Britain) in relation to any person in respect of any day shall be—

(a)that he is [F5habitually] resident in [F6the United Kingdom, the Republic of Ireland, the Isle of Man or the Channel Islands]; and

[F7(ia)he is not a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act 1999 or section 115 of that Act does not apply to him for the purposes of entitlement to [F4a carer’s allowance] by virtue of regulation 2 of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000, and]

(b)that he is present in Great Britain; and

(c)that he has been present in Great Britain for a period of, or periods amounting in the aggregate to, not less than [F8104] weeks in the [F9156 weeks] immediately preceding that day.

F10(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) For the purposes of paragraph (1)(b) and (c) of this regulation, a person who is absent from Great Britain on any day shall be treated as being present in Great Britain—

(a)if his absence is, and when it began was, for a temporary purpose and has not lasted for a continuous period exceeding 4 weeks; or

[F11(b)if his absence is temporary and for the specific purpose of caring for the severely disabled person who is also absent from Great Britain and where any of the following is payable in respect of that disabled person for that day—

(i)attendance allowance;

(ii)the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Contributions and Benefits Act;

(iii)the daily living component of personal independence payment at the standard or enhanced rate prescribed in accordance with section 78(3) of the Welfare Reform Act 2012; F12...

[F13(iiia)armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011; or ]

(iv)a payment specified in regulation 3(1) of these Regulations.]

[F14(3) Notwithstanding that on any day a person is absent from Great Britain, he shall be treated as though he were—

(a)habitually resident and present in Great Britain for the purposes of paragraphs (1)(a) to (c) if—

(i)his absence is by reason only of the fact that on that day he is abroad in his capacity as a serving member of the forces and for this purpose “serving member of the forces” has the meaning given in regulation 1(2) of the Social Security (Contributions) Regulations 2001 (“the 2001 Regulations”); or

(ii)he is living with a person mentioned in sub-paragraph (a)(i) and is the spouse, civil partner, son, daughter, step-son, step-daughter, father, father-in-law, step-father, mother, mother-in-law or step-mother of that person; and

(b)present in Great Britain for the purposes of paragraph (1)(b) and (c) if his absence is by reason only of the fact that on that day he is—

(i)abroad in his capacity as an airman within the meaning of regulation 111 of the 2001 Regulations or a mariner within the meaning of regulation 115 of those Regulations; or

(ii)in prescribed employment in connection with continental shelf operations within the meaning of regulation 114(1) of those Regulations.]

Textual Amendments

F1Words in reg. 9(1) inserted (8.4.2013) by The Social Security (Disability Living Allowance, Attendance Allowance and Carer's Allowance) (Amendment) Regulations 2013 (S.I. 2013/389), regs. 1(2), 2(2)(a)

F2Words in reg. 9(1) substituted (16.11.2017) by The Social Security (Miscellaneous Amendments No. 4) Regulations 2017 (S.I. 2017/1015), regs. 1(2), 2(2)

F3Words in reg. 9(1) substituted (25.11.1996) by The Social Security (Invalid Care Allowance) Amendment Regulations 1996 (S.I. 1996/2744), regs. 1, 2(8)(a)

F4Words in reg. 9 substituted (1.4.2003) by The Social Security Amendment (Carer's Allowance) Regulations 2002 (S.I. 2002/2497), reg. 1(b), Sch. 2 paras. 1, 2

F5Word in reg. 9(1)(a) substituted (with application in accordance with reg. 1(3)(4) of the amending S.I.) by The Social Security (Disability Living Allowance, Attendance Allowance and Carer's Allowance) (Amendment) Regulations 2013 (S.I. 2013/389), regs. 1(2), 2(2)(b)(i)

F6Words in reg. 9(1)(a) substituted (with application in accordance with reg. 1(3)(4) of the amending S.I.) by The Social Security (Disability Living Allowance, Attendance Allowance and Carer's Allowance) (Amendment) Regulations 2013 (S.I. 2013/389), regs. 1(2), 2(2)(b)(ii)

F7Reg. 9(1)(ia) substituted for reg. 9(1)(aa) (3.4.2000) by The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 (S.I. 2000/636), regs. 1(1), 8(2) (with reg. 12(10))

F8Word in reg. 9(1)(c) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Social Security (Disability Living Allowance, Attendance Allowance and Carer's Allowance) (Amendment) Regulations 2013 (S.I. 2013/389), regs. 1(2), 2(2)(c)(i)

F9Words in reg. 9(1)(c) substituted (with application in accordance with reg. 1(3)(5) of the amending S.I.) by The Social Security (Disability Living Allowance, Attendance Allowance and Carer's Allowance) (Amendment) Regulations 2013 (S.I. 2013/389), regs. 1(2), 2(2)(c)(ii)

F10Reg. 9(1A) omitted (3.4.2000) by virtue of The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 (S.I. 2000/636), regs. 1(1), 8(3) (with reg. 12(10))