The Social Security (Severe Disablement Allowance) Regulations 1984

Conditions relating to residence and presence

3.— [F1 (1) Subject to the following provisions of this regulation, the prescribed conditions for the purposes of section 36(4)(c) of the Act as to residence and presence in Great Britain in relation to any person on any day shall be that—

(a) on that day—

(i) he is ordinarily resident in Great Britain, and

(ib) [F2 he is not a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act 1999 or section 115 of that Act does not apply to him for the purposes of entitlement to severe disablement allowance by virtue of regulation 2 of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000, and]

(ii) he is present in Great Britain, and

(iii) he has been present in Great Britain for a period of, or for periods amounting in the aggregate to, not less than 26 weeks in the 52 weeks immediately preceding that day; F3 ...

F4 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

F6 (1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7 (2) Section 36 of the Act shall be modified by adding after subsection (4) the following subsection–

“(4ZA) In determining whether the person satisfies any conditions prescribed under paragraph (c) of subsection (4) above–

(a) any period during which the person is absent from Great Britain by reason only of the fact that–

(i) he is abroad in his capacity as a serving member of the forces, or

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

shall be treated as a period during which the person was resident in Great Britain; and

(b) any day on which the person is absent from Great Britain by reason only of the fact that on that day–

(i) he is abroad in his capacity as a serving member of the forces, or

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

(iii) he is in employment prescribed for the purposes of section 132 of the Act in connection with continental shelf operations, or

(iv) he is abroad in his capacity as an airman or mariner within the meaning of regulation 81 and regulation 86 respectively of the Social Security (Contributions) Regulations 1979

shall be treated as a day on which the person is present in Great Britain; and for the purposes of this provision, the expression “serving member of the forces” has the same meaning as in regulation 1(2) of the Social Security (Contributions) Regulations 1979.”]

(3) Where a person has been entitled to a severe disablement allowance or a non-contributory invalidity pension for any day, the conditions set out in paragraph (1) of this regulation shall not apply to that person in respect of any subsequent day of incapacity for work falling within the same [F8 period of incapacity for work].

Textual Amendments

F1 Reg. 3(1)(1A) substituted for reg. 3(1) (6.4.1992) by The Social Security (Severe Disablement Allowance) Amendment Regulations 1992 (S.I. 1992/704), regs. 1, 2

F2 Reg. 3(1)(a)(ib) substituted for reg. 3(1)(a)(ia) (3.4.2000) by The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 (S.I. 2000/636), regs. 1(1), 9(2) (with reg. 12(10))

F3 Word in reg. 3(1) omitted (1.10.2006) by virtue of The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2006 (S.I. 2006/2378), regs. 1(2), 4

F4 Reg. 3(1)(b) omitted (1.10.2006) by virtue of The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2006 (S.I. 2006/2378), regs. 1(2), 4

F5 Reg. 3(1A) omitted (1.10.2006) by virtue of The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2006 (S.I. 2006/2378), regs. 1(2), 4

F6 Reg. 3(1B) omitted (3.4.2000) by virtue of The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 (S.I. 2000/636), regs. 1(1), 9(3) (with reg. 12(10))

F7 Reg. 3(2) substituted (14.10.1991) by The Social Security (Severe Disablement Allowance) Amendment Regulations 1991 (S.I. 1991/1747), regs. 1(1), 2

F8 Words in reg. 3(3) substituted (13.4.1995) by The Social Security (Severe Disablement Allowance) Amendment Regulations 1994 (S.I. 1994/2947), regs. 1, 2(3)