PART 11SUPPLEMENTARY PROVISIONS

Absence to receive medical treatment90

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 Northern Ireland if—

a

the period of absence is unlikely to exceed 52 weeks;

b

while absent from Northern Ireland, the claimant continues to satisfy the other conditions of entitlement to that employment and support allowance;

c

the claimant is absent from Northern Ireland only—

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 Northern Ireland, or

ii

because the claimant is accompanying a dependent child (which means any child or qualifying young person who is treated as the responsibility of the claimant or the claimant’s partner, where that child or young person is a member of the claimant’s household) in connection with arrangements made for the treatment of that child for a disease or bodily or mental disablement; and

d

those arrangements relate to treatment—

i

outside Northern Ireland,

ii

during the period whilst the claimant is temporarily absent from Northern Ireland, and

iii

by, or under the supervision of, a person appropriately qualified to carry out that treatment.

2

In this regulation, “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.