PART 3Eligibility

F1Temporary absence from the common travel area7.

(1)

Where an individual is temporarily absent from the common travel area, the individual is to be treated as present in the common travel area for—

(a)

the first 4 weeks of that absence,

(b)

the first 13 weeks of that absence where the absence is for the specific purpose of caring for a cared for person or additional cared for person who is also absent from the common travel area and where that cared for person or additional cared for person is paid a qualifying disability benefit during that period,

(c)

the first 26 weeks of that absence where—

(i)

after first 13 weeks of that 26 week period—

(aa)

the absence is for the specific purpose of caring for a cared for person or additional cared for person,

(bb)

the absence is in connection with arrangements made for the medical treatment of the cared for person or additional cared for person for a disease or bodily or mental disablement which commenced before leaving the common travel area,

(cc)

that cared for person or additional cared for person is paid a qualifying disability benefit during that period, and

(ii)

the arrangements relate to medical treatment—

(aa)

outside the common travel area,

(bb)

during the period when the cared for person or additional cared for person is temporarily absent from the common travel area, and

(cc)

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

(d)

the first 26 weeks of that absence where after the first 13 weeks of that 26 week period, the individual was—

(i)

absent for the specific purpose of caring for a cared for person or additional cared for person who is also absent from the common travel area and where that cared for person or additional cared for person is paid a qualifying disability benefit during that period, and

(ii)

present in a country or territory outside the common travel area immediately before His Majesty’s Government—

(aa)

provided public information to advise British nationals to leave that country or territory, or

(bb)

arranged the evacuation of British nationals from that country or territory, and

(iii)

Scottish Ministers are satisfied that it would be unreasonable to expect the individual to return, or have returned, to the common travel area, and

(iv)

the individual 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.

(2)

For the purposes of paragraph (1)—

(a)

an individual is “temporarily absent” if, at the beginning of the period of absence, that absence is unlikely to exceed 52 weeks, and

(b)

“medical treatment” means medical, surgical, psychological or rehabilitative treatment (including any course or diet regimen).