The Jobseeker’s Allowance Regulations 1996

[F1 Periods of sickness and persons receiving treatment outside Great Britain

55A.— (1) A person—

(a) who has been awarded a jobseeker’s allowance, a joint-claim jobseeker’s allowance[F2 , or is a person whose jobseeker’s allowance is not payable by virtue of regulation 27A,] or is a person to whom any of the circumstances mentioned in section 19(5) or (6) or 20A(2) apply [F3 or who failed without good cause to comply with regulations made under section 17A]; and

(b) who is temporarily absent from Great Britain in the circumstances prescribed by regulation 50(6AA) or, as the case may be, (6C); and

(c) who proves to the satisfaction of the Secretary of State that he is unable to work on account of some specific disease or disablement; and

(d) but for his disease or disablement, would satisfy the requirements for entitlement to a jobseeker’s allowance other than those specified in section 1(2)(a), (c) and (f) (available for and actively seeking employment and capable of work [F4 or not having limited capability for work]),

shall be treated during that period of temporary absence abroad as capable of work [F5 or as not having limited capability for work], except where that person has stated in writing before that period of temporary absence abroad begins that immediately before the beginning of the period of that temporary absence abroad he has claimed F6 ...[F7 , employment and support allowance]F6 ....

(2) The evidence which is required for the purposes of paragraph (1)(c) is a declaration made by that person in writing, in a form approved for the purposes by the Secretary of State, that he will be unfit for work from a date or for a period specified in the declaration.]

Textual Amendments

F1 Reg. 55A inserted (4.10.2004) by The Social Security (Income Support and Jobseeker’s Allowance) Amendment Regulations 2004 (S.I. 2004/1869), regs. 1, 3(6)

F2 Words in reg. 55A(1)(a) inserted (6.4.2010) by The Jobseeker’s Allowance (Sanctions for Failure to Attend) Regulations 2010 (S.I. 2010/509), regs. 1(2), 2(9)

F3 Words in reg. 55A(1)(a) inserted (25.4.2011) by The Jobseeker’s Allowance (Mandatory Work Activity Scheme) Regulations 2011 (S.I. 2011/688), regs. 1, 16(e)

F4 Words in reg. 55A(1)(d) inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 3(10)(a)

F5 Words in reg. 55A(1) inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 3(10)(b)

F6 Words in reg. 55A(1) omitted (31.1.2011) by SI 2010/1907 Sch. 4 para. 1A(2) (as inserted by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) (Amendment) Regulations 2010 (S.I. 2010/2430), regs. 1(3), 19(2))

F7 Words in reg. 55A(1) inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 3(10)(c)

Modifications etc. (not altering text)

C1 Reg. 55A(1)(a) modified (22.11.2010) by The Jobseeker’s Allowance (Work for Your Benefit Pilot Scheme) Regulations 2010 (S.I. 2010/1222), regs. 1(2), 18(d)