PART III OTHER CONDITIONS OF ENTITLEMENT

Persons temporarily absent from Great Britain

50.—(1) For the purposes of the Act, a claimant shall be treated as being in Great Britain during any period of temporary absence from Great Britain—

(a)not exceeding 4 weeks in the circumstances specified in paragraphs (2), (3) and (4);

(b)not exceeding 8 weeks in the circumstances specified in paragraph (5).

(2) The circumstances specified in this paragraph are that–

(a)the claimant is in Northern Ireland and satisfies the conditions of entitlement to a jobseeker’s allowance; and

(b)immediately preceding the period of absence from Great Britain the claimant was entitled to a jobseeker’s allowance; and

(c)the period of absence is unlikely to exceed 52 weeks.

(3) The circumstances specified in this paragraph are that–

(a)immediately preceding the period of absence from Great Britain the claimant was entitled to a jobseeker’s allowance; and

(b)the period of absence is unlikely to exceed 52 weeks; and

(c)while absent from Great Britain, the claimant continues to satisfy, or be treated as satisfying, the other conditions of entitlement to a jobseeker’s allowance; and

(d)is one of a couple, both of whom are absent from Great Britain, where a premium referred to in paragraphs 10, 11, 12, 13 or 15 of Schedule 1 (applicable amounts) is applicable in respect of the claimant’s partner.

(4) The circumstances of this paragraph are that–

(a)while absent from Great Britain the person is in receipt of a training allowance; and

(b)regulation 170 (person in receipt of training allowance) applies in his case; and

(c)immediately preceding his absence from Great Britain, he was entitled to a jobseeker’s allowance.

(5) The circumstances specified in this paragraph are that–

(a)immediately preceding the period of absence from Great Britain, the claimant was entitled to a jobseeker’s allowance; and

(b)the period of absence is unlikely to exceed 52 weeks; and

(c)the claimant continues to satisfy or be treated as satisfying the other conditions of entitlement to a jobseeker’s allowance; and

(d)the claimant is, or the claimant and any other member of his family are, accompanying a member of the claimant’s family who is a child or young person solely in connection with arrangements made for the treatment of that child or young person for a disease or bodily or mental disablement; and

(e)those arrangements relate to treatment–

(i)outside Great Britain;

(ii)during the period whilst the claimant is, or the claimant and any member of his family are, temporarily absent from Great Britain; and

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

(6) A person shall also be treated, for the purposes of the Act, as being in Great Britain during any period of temporary absence from Great Britain where—

(a)the absence is for the purpose of attending an interview for employment; and

(b)the absence is for 7 consecutive days or less; and

(c)notice of the proposed absence is given to the employment officer before departure, and is given in writing if so required by the officer; and

(d)on his return to Great Britain the person satisfies the employment officer that he attended for the interview in accordance with his notice.

[F1(6AA) For the purposes of the Act a claimant shall be treated as being in Great Britain during any period of temporary absence from Great Britain if—

(a)he was entitled to a jobseeker’s allowance immediately before the beginning of that period of temporary absence; and]

[F2(b)that period of temporary absence is for the purpose of the claimant receiving treatment at a hospital or other institution outside Great Britain where the treatment is being provided—

(i)under section 6(2) of the Health Service Act (performance of functions outside England) or section 6(2) of the Health Service (Wales) Act (performance of functions outside Wales);

(ii)pursuant to arrangements made under section 12(1) of the Health Service Act (Secretary of State’s arrangements with other bodies), section 10(1) of the Health Service (Wales) Act (Welsh Minister’s arrangements with other bodies), paragraph 18 of Schedule 4 to the Health Service Act (joint exercise of functions) or paragraph 18 of Schedule 3 to the Health Service (Wales) Act (joint exercise of functions); or

(iii)under any equivalent provision in Scotland or pursuant to arrangements made under such provision.]

[F3(6A) A member of a joint-claim couple shall be treated, for the purposes of the Act, as being in Great Britain where he is a member of a transitional case couple as defined for the purposes of paragraph 8A(2) of Schedule 1 to the Act and, as at the date on which Schedule 7 to the Welfare Reform and Pensions Act 1999 comes into force—

(a)he is temporarily absent from Great Britain; or

(b)he has made definite arrangements to be temporarily absent from Great Britain from some future date,

and that member shall be so treated during any such period of temporary absence from Great Britain.

(6B) A member of a joint-claim couple shall be treated, for the purposes of the Act, as being in Great Britain during any period of temporary absence from Great Britain—

(a)not exceeding 4 weeks where he is in Northern Ireland and the period of absence is unlikely to exceed 52 weeks;

(b)not exceeding 4 weeks where he is in receipt of a training allowance during the period of absence and regulation 170 applies in his case; or

(c)not exceeding 7 days where the absence is for the purpose of attending an interview for employment,

where that member is so temporarily absent as at the date of claim by the other member of that couple.]

[F4(6C) For the purposes of the Act a member of a joint-claim couple (“the first member”) shall be treated as being in Great Britain during any period of temporary absence if—

(a)he and the other member of that couple were entitled to a joint-claim jobseeker’s allowance immediately before the beginning of that period of temporary absence; and]

[F5(b)that period of temporary absence is for the purpose of the claimant receiving treatment at a hospital or other institution outside Great Britain where the treatment is being provided—

(i)under section 6(2) of the Health Service Act (performance of functions outside England) or section 6(2) of the Health Service (Wales) Act (performance of functions outside Wales);

(ii)pursuant to arrangements made under section 12(1) of the Health Service Act (Secretary of State’s arrangements with other bodies), section 10(1) of the Health Service (Wales) Act (Welsh Minister’s arrangements with other bodies), paragraph 18 of Schedule 4 to the Health Service Act (joint exercise of functions) or paragraph 18 of Schedule 3 to the Health Service (Wales) Act (joint exercise of functions); or

(iii)under any equivalent provision in Scotland or pursuant to arrangements made under such provision.]

[F6(6D) For the purposes of the Act, a person (“P”) shall be treated as being in Great Britain during any period of temporary absence from Great Britain not exceeding 15 days where—

(a)P’s absence is for the purpose of taking part in annual continuous training as a member of any F7... reserve force prescribed in Part 1 of Schedule 6 to the Contributions Regulations; and

(b)P or P’s partner was entitled to a jobseeker’s allowance immediately before the period of absence began.]

(7) In this regulation–

“appropriately qualified" means qualified to provide medical treatment, physiotherapy or a form of treatment which is similar to, or related to, either of those forms of treatment;

“employment officer" means a person who is an employment officer for the purposes of sections 9 and 10.

Textual Amendments

F3Reg. 50(6A)(6B) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 13