The Social Security (Child Benefit Consequential) Regulations 1977

Amendment of the Mobility Allowance Regulations 1975

17.—(1) The Mobility Allowance Regulations 1975 shall be amended in accordance with the following provisions of this regulation.

(2) In regulation 2 (entitlement conditions as to residence and presence in Great Britain) for paragraph (3) there shall be substituted the following paragraph:—

“(3) For the purposes of paragraph (1)(b) and (c) notwithstanding that on any day a person is absent from Great Britain he shall be treated as though he were present in Great Britain if his absence is by reason only of the fact that on that day—

(a) he is abroad in his capacity as—

(i) a serving member of the forces within the meaning of the definition of `serving member of the forces' in regulation 1(2) of the Social Security (Contributions) Regulations 1975, as amended(1), or

(ii) an airman or mariner within the meaning of regulation 72 and regulation 77 respectively of those Regulations; or

(b) he is in prescribed employment in connection with continental shelf operations within the meaning of regulation 76 of those Regulations; or

(c) he is living with a person mentioned in sub-paragraph (a)(i) and is the spouse, son, daughter, father, father-in-law, mother or mother-in-law of that person; or

(d) his absence from Great Britain is, and when it began was, for a temporary purpose and has not lasted for a continuous period exceeding 26 weeks; or

(e) his absence from Great Britain is temporary and for the specific purpose of his being treated for incapacity, or a disabling condition, which commenced before he left Great Britain, during such period as is reasonable in all the circumstances of the case.”.

(3) In regulation 21 (children) for sub-paragraph (b) of paragraph (4) there shall be substituted the following:—

“(b) during which the child is absent by reason only of the fact that he is receiving full-time education at a school; or”.

(1)

The relevant amending instruments are S.I. 1975/1855; 1976/1, 507 (1975 III, p. 6983; 1976 I, pp. 1; 1480).