The Social Security (Invalid Care Allowance) Regulations 1976

Conditions relating to residence and presence in Great Britain

9.—(1) Subject to the following provisions of this regulation, the prescribed conditions for the purposes of section 37(4) of the Act (person not to be entitled to an invalid care 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 ordinarily resident in Great Britain; 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 26 weeks in the 12 months immediately preceding that day.

(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

(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 attendance allowance or a payment specified in regulation 3(1) of these regulations is payable in respect of that disabled person for that day.

(3) For the purposes of paragraphs (1)(b) and (c) of this regulation, a person shall be treated as having been present in Great Britain on a day if on that day he is—

(a) a merchant seaman within the meaning of the Family Allowances (Qualifications) Regulations 1969(1), as amended(2); or

(b) a member of the forces within the meaning of those regulations; or

(c) living with such a member of the forces and is that member's spouse, son, daughter, father, father-in-law, mother or mother-in-law.

(1)

(1969 I, p. 543).

(2)

There is no amendment relevant for the purposes of this regulation.