Regulation 5 Amendment of regulation 4 of the Income Support Regulations

In regulation 4 of the Income Support Regulations (temporary absence from Great Britain) for head (v) of paragraph (2)(c) M1 there shall be substituted the following head—

“(v)

on the day on which the absence began he had satisfied the provisions of paragraph 5 of Schedule 1 (persons incapable of work) for a continuous period of not less than—

(aa)

196 days in the case of a claimant who is terminally ill within the meaning of section 30B(4) of the Contributions and Benefits Act M2, or who is entitled to the highest rate of the care component of disability living allowance; or

(bb)

364 days in any other case,

and for this purpose any two or more separate periods separated by a break of not more than 56 days shall be treated as one continuous period..”