The State Pension Credit Regulations 2002

[F1 Persons temporarily absent from Great Britain

3.— (1) A claimant's entitlement to state pension credit while the claimant is temporarily absent from Great Britain is to continue but for no longer than—

(a) 4 weeks, provided the absence is not expected to exceed 4 weeks;

(b) 8 weeks, where paragraph (2) applies; or

(c) 26 weeks, where paragraph (3) applies,

provided the claimant continues to satisfy the other conditions of entitlement.

(2) This paragraph applies where the absence is not expected to exceed 8 weeks and is in connection with the death of—

(a) the claimant's partner or a child or qualifying young person normally living with the claimant; or

(b) a close relative of—

(i) the claimant;

(ii) the claimant's partner; or

(iii) a child or qualifying young person normally living with the claimant,

and the Secretary of State considers that it would be unreasonable to expect the claimant to return to Great Britain within 4 weeks.

(3) This paragraph applies where the absence is not expected to exceed 26 weeks and is solely in connection with—

(a) the claimant undergoing—

(i) treatment for an illness or physical or mental impairment by, or under the supervision of, a qualified practitioner; or

(ii) medically approved convalescence or care as a result of treatment for an illness or physical or mental impairment, where the claimant had that illness or impairment before leaving Great Britain; or

(b) the claimant accompanying his or her partner or a child or qualifying young person normally living with the claimant for treatment or convalescence or care as mentioned in sub-paragraph (a).

(4) In this regulation and in regulation 5—

“medically approved” means certified by a registered medical practitioner;

“qualified practitioner” means a person qualified to provide medical treatment, physiotherapy or a form of treatment which is similar to, or related to, either of those forms of treatment.]

Textual Amendments

F1 Reg. 3 substituted (28.7.2016) by The Housing Benefit and State Pension Credit (Temporary Absence) (Amendment) Regulations 2016 (S.I. 2016/624), regs. 1, 4(2) (with reg. 5(3))