Regulation 16 Temporary absence from the common travel areaI1
Scotland
Where an individual is temporarily absent from the common travel area, the individual is to be treated as present in the common travel area for—
the first 13 weeks of that absence for any reason, F1...
the first 26 weeks of that absence where—
after the first 13 weeks, the absence is in connection with arrangements made for the medical treatment of the individual for a disease or bodily or mental disablement which commenced before leaving the common travel area, and
the arrangements relate to medical treatment—
outside the common travel area,
during the period when the individual is temporarily absent from the common travel area, and
by, or under the supervision of, a person appropriately qualified to carry out that treatment F2, or
the first 26 weeks of that absence where—
after the first 13 weeks of that 26 week period, the individual was present in a country or territory outside the common travel area immediately before His Majesty’s Government—
provided public information to advise British nationals to leave that country or territory, or
arranged the evacuation of British nationals from that country or territory,
Scottish Ministers are satisfied that it would be unreasonable to expect the individual to return, or have returned, to the common travel area, and
the individual did not enter that country or territory when His Majesty’s Government’s public information was to advise British nationals to leave that country or territory.
For the purposes of paragraph (1)—
an individual is “temporarily absent” if, at the beginning of the period of absence, that absence is unlikely to exceed 52 weeks, and
“medical treatment” means medical, surgical, psychological or rehabilitative treatment (including any course or diet regimen).
Annotations
Textual amendments
- F1
Word in reg. 16(1)(a) omitted (18.3.2026) by virtue of The Social Security (Residence and Presence Requirements) (Miscellaneous Amendment) (Scotland) Regulations 2026 (S.S.I. 2026/139), regs. 1(1), 10(3)(a)
- F2
Reg. 16(1)(c) and word inserted (18.3.2026) by The Social Security (Residence and Presence Requirements) (Miscellaneous Amendment) (Scotland) Regulations 2026 (S.S.I. 2026/139), regs. 1(1), 10(3)(b)