The Social Security Benefit (Persons Abroad) Amendment Regulations 1994

Amendment of the principal Regulations

2.—(1) Regulation 2 of the principal Regulations(1) (modification of the Act in relation to sickness benefit, invalidity benefit, severe disablement allowance, unemployability supplement and maternity allowance) shall be amended in accordance with the following provisions of this regulation and in this regulation a reference to a numbered paragraph is a reference to the paragraph bearing that number in regulation 2 of the principal Regulations.

(2) In paragraph (1)—

(a) at the beginning there shall be inserted the words “Except as provided by paragraph (1A) or (1B) below,”;

(b) for the words from “sickness benefit” to “maternity allowance” there shall be substituted the words “any benefit in respect of incapacity”;

(c) after the words “any day” there shall be inserted the words “falling within the first twenty-six weeks beginning with the day following the day on which he left Great Britain”;

(d) in sub-paragraph (a) for the words “, (c) and (d)” there shall be substituted the words “and (c)”; and

(e) sub-paragraph (d) and the word “, or” immediately preceding it shall be omitted.

(3) After paragraph (1) there shall be inserted the following paragraphs—

“(1A) Subject to paragraph (1B), a person who is in receipt of attendance allowance or disability living allowance shall not by reason of being temporarily absent from Great Britain be disqualified for receiving any benefit in respect of incapacity if—

(a) the absence is for the specific purpose of being treated for incapacity which commenced before he left Great Britain; or

(b) in the case of sickness benefit and invalidity benefit the incapacity for work is the result of a personal injury of a kind mentioned in section 94(1) of the Social Security Contributions and Benefits Act 1992 and the absence is for the specific purpose of receiving treatment which is appropriate to that injury; or

(c) on the day on which the absence began he was, and had for the past 6 months continuously been, incapable of work and on the day for which benefit is claimed he has remained continuously so incapable since the absence began.

(1B) A person who is a member of the family of a serving member of the forces and temporarily absent from Great Britain by reason only of the fact that he is living with that member shall not by reason of being temporarily absent be disqualified—

(a) for receiving any benefit in respect of incapacity except severe disablement allowance if—

(i) the absence is for the specific purpose of being treated for incapacity which began before he left Great Britain, or

(ii) in the case of sickness benefit and invalidity benefit the incapacity for work is the result of a personal injury of a kind mentioned in section 94(1) of the Social Security Contributions and Benefits Act 1992 and the absence is for the specific purpos of receiving treatment which is appropriate to that injury, or

(iii) on the day on which the absence began he was, and had for the past 6 months continuously been, incapable of work and on the day for which benefit is claimed he has remained continuously so incapable since the absence began; or

(b) for the receipt of severe disablement allowance.”.

(4) After paragraph (4) there shall be added the following paragraph—

“(5) In this regulation—

(a) “benefit in respect of incapacity” means sickness benefit, invalidity benefit, severe disablement allowance, an unemployability supplement or a maternity allowance;

(b) “member of the family of a serving member of the forces” means the spouse, son, daughter, step-son, step-daughter, father, father-in-law, step-father, mother, mother-in-law or step-mother of such a member; and

(c) “week” means any period of seven days.”.

(1)

Regulation 2 has been amended.The relevant amending instruments are S.I.1977/1679, 1983/186, 1984/1303, 1986/1545 and 1990/40.