The Social Security (Attendance Allowance) Regulations 1991

Conditions as to residence and presence in Great Britain

2.  –

(1) Subject to the following provisions of this regulation [F1 and regulations 2A and 2B], the prescribed conditions for the purposes of section 35(1) 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 [F2 habitually] resident in [F3 the United Kingdom, the Republic of Ireland, the Isle of Man or the Channel Islands], and

[F4 (ib) 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 attendance 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 [F5 104] weeks in the [F6 156] weeks immediately preceding that day; F7 ...

F8 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9 (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) For the purposes of paragraph (1)(a)(ii) and (iii), 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,

(ii) an airman or mariner within the meaning of regulations [F10 111 and 115] respectively of the Social Security (Contributions) Regulations [F11 2001],

and for the purpose of this provision, the expression “serving members of the forces” has the same meaning as in regulation 1(2) of the Regulations of 1979; or

(b) he is in employment prescribed for the purposes of section 132 of the Act in connection with continental shelf operations F12 ; or

(c) he is living with a person mentioned in sub-paragraph (a)(i) and is the spouse, [F13 civil partner,] son, daughter, step-son, step-daughter, father, father-in-law, step-father, mother, mother-in-law or step-mother of that person; or

[F14 (d) he is temporarily absent from Great Britain and that absence has not lasted for a continuous period exceeding 13 weeks.]

F15 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Where a person is terminally ill and makes a claim for attendance allowance expressly on the ground that he is such a person, paragraph (1) shall apply to him as if head (iii) of sub-paragraph (a) was omitted.

[F16 (3A) A person shall be treated as habitually resident in Great Britain for the purpose of paragraph (1)(a)(i) where—

(a) he is resident outside Great Britain in his capacity as a serving member of the forces and for this purpose “serving member of the forces” has the meaning given in regulation 1(2) of the Social Security (Contributions) Regulations 2001; or

(b) he is living with a person mentioned in paragraph (a) and is the spouse, civil partner, son, daughter, step-son, step-daughter, father, father-in-law, step-father, mother, mother-in-law or step-mother of that person.]

[F17 (3B) Where a person is temporarily absent from Great Britain, he is treated as present in Great Britain for the purposes of paragraph (1)(a)(ii) and (iii) for the first 26 weeks of that absence, where—

(a) this absence is solely in connection with arrangements made for the medical treatment of him for a disease or bodily or mental disablement which commenced before he left Great Britain; and

(b) the arrangements referred to in sub-paragraph (a) relate to medical treatment–

(i) outside Great Britain,

(ii) during the period whilst he is temporarily absent from Great Britain, and

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

“medical treatment” means medical, surgical or rehabilitative treatment (including any course or diet or regimen), and references to a person receiving or submitting to medical treatment are to be construed accordingly.]

[F18 (3C) For the purpose of paragraph (2)(d) and (3B) a person is “temporarily absent” if, at the beginning of the period of absence, that absence is unlikely to exceed 52 weeks.]

F19 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in reg. 2(1) inserted (8.4.2013) by The Social Security (Disability Living Allowance, Attendance Allowance and Carer's Allowance) (Amendment) Regulations 2013 (S.I. 2013/389), regs. 1(2), 3(3)(a)

F2 Word in reg. 2(1)(a)(i) substituted (8.4.2013) by The Social Security (Disability Living Allowance, Attendance Allowance and Carer's Allowance) (Amendment) Regulations 2013 (S.I. 2013/389), regs. 1(2), 3(3)(b)(i)

F3 Words in reg. 2(1)(a)(i) substituted (8.4.2013) by The Social Security (Disability Living Allowance, Attendance Allowance and Carer's Allowance) (Amendment) Regulations 2013 (S.I. 2013/389), regs. 1(2), 3(3)(b)(ii)

F4 Reg. 2(1)(a)(ib) substituted for reg. 2(1)(a)(ia) (3.4.2000) by The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 (S.I. 2000/636), regs. 1(1), 10(2) (with reg. 12(10))

F5 Word in reg. 2(1)(a)(iii) substituted (8.4.2013) by The Social Security (Disability Living Allowance, Attendance Allowance and Carer's Allowance) (Amendment) Regulations 2013 (S.I. 2013/389), regs. 1(2), 3(3)(c)(i)

F6 Word in reg. 2(1)(a)(iii) substituted (8.4.2013) by The Social Security (Disability Living Allowance, Attendance Allowance and Carer's Allowance) (Amendment) Regulations 2013 (S.I. 2013/389), regs. 1(2), 3(3)(c)(ii)

F7 Word in reg. 2 omitted (1.10.2006) by virtue of Social Security (Miscellaneous Amendments) (No.4) Regulations 2006 (S.I. 2006/2378), regs. 1(2), 7

F8 Reg. 2(1)(b) omitted (1.10.2006) by virtue of Social Security (Miscellaneous Amendments) (No.4) Regulations 2006 (S.I. 2006/2378), regs. 1(2), 7

F9 Reg. 2(1A) omitted (3.4.2000) by virtue of The Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 (S.I. 2000/636), regs. 1(1), 10(3) (with reg. 12(10))

F10 Words in reg. 2(2)(a)(ii) substituted (8.4.2013) by The Social Security (Disability Living Allowance, Attendance Allowance and Carer's Allowance) (Amendment) Regulations 2013 (S.I. 2013/389), regs. 1(2), 3(3)(d)(i)

F11 Word in reg. 2(2)(a) substituted (8.4.2013) by The Social Security (Disability Living Allowance, Attendance Allowance and Carer's Allowance) (Amendment) Regulations 2013 (S.I. 2013/389), regs. 1(2), 3(3)(d)(ii)

F12 Section 132 was amended by paragraph 21 of Schedule 3 to the Oil and Gas Enterprise Act 1982 (c.23). See also regulation 85 of the Social Security (Contributions) Regulations 1979/591.

F13 Words in reg. 2(2)(c) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 19 (with art. 3)

F14 Reg. 2(2)(d) substituted (8.4.2013) by The Social Security (Disability Living Allowance, Attendance Allowance and Carer's Allowance) (Amendment) Regulations 2013 (S.I. 2013/389), regs. 1(2), 3(3)(e)

F15 Reg. 2(2)(e) omitted (8.4.2013) by virtue of The Social Security (Disability Living Allowance, Attendance Allowance and Carer's Allowance) (Amendment) Regulations 2013 (S.I. 2013/389), regs. 1(2), 3(3)(f) (with reg. 5(1)(a))

F16 Reg. 2(3A) added (8.4.2013) by The Social Security (Disability Living Allowance, Attendance Allowance and Carer's Allowance) (Amendment) Regulations 2013 (S.I. 2013/389), regs. 1(2), 3(3)(g)

F17 Reg. 2(3B) added (8.4.2013) by The Social Security (Disability Living Allowance, Attendance Allowance and Carer's Allowance) (Amendment) Regulations 2013 (S.I. 2013/389), regs. 1(2), 3(3)(h)

F18 Reg. 2(3C) added (8.4.2013) by The Social Security (Disability Living Allowance, Attendance Allowance and Carer's Allowance) (Amendment) Regulations 2013 (S.I. 2013/389), regs. 1(2), 3(3)(i)

F19 Reg. 2(4) omitted (1.10.2006) by virtue of Social Security (Miscellaneous Amendments) (No.4) Regulations 2006 (S.I. 2006/2378), regs. 1(2), 7