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Regulation 6 Temporary absence from the United Kingdom

Original text. Later amendments are not shown.

(1)

A person’s temporary absence from the United Kingdom is disregarded in determining whether the person meets the condition of eligibility in section 8 (the person must be in the UK) if—

(a)

the person is an eligible person, within the meaning of section 3, immediately before the beginning of the period of temporary absence; and

(b)

either—

(i)

the absence is not expected to exceed, and does not exceed, 8 weeks; or

(ii)

paragraph (2), (3) or (4) applies.

(2)

This paragraph applies where the absence does not exceed 6 months and is solely in connection with—

(a)

the person undergoing treatment for an illness or physical or mental impairment by, or under the supervision of, a qualified practitioner; or

(b)

the person accompanying the person’s partner or a child for whom the person is responsible for treatment as mentioned in sub-paragraph (a).

(3)

This paragraph applies where the absence does not exceed 6 months and is solely in connection with the death of—

(a)

the person’s partner or a child for whom the person was responsible;

(b)

a close relative of the person, or of the person’s partner; or

(c)

a close relative of a child for whom the person or the person’s partner is responsible.

(4)

This paragraph applies where the absence is not expected to exceed, and does not exceed, 6 months and the person is—

(a)

a mariner; or

(b)

a continental shelf worker who is in a designated area or a prescribed area.

(5)

Regulation 4 applies for the purposes of this regulation.

(6)

In this regulation—

  • “close relative” means—

    1. (a)

      a parent, parent-in-law, son, son-in-law, daughter, daughter-in-law, step-parent, step-son, step-daughter, brother or sister; and

    2. (b)

      if any of the above has a partner, that partner;

  • “continental shelf worker” means a person who is employed in a designated area or a prescribed area in connection with any activity mentioned in section 11(2) of the Petroleum Act 1998f1;

  • “designated area” means any area which may from time to time be designated by Order in Council under the Continental Shelf Act 1964f2 as an area within which the rights of the United Kingdom with respect to the seabed and subsoil and their natural resources may be exercised;

  • “mariner” means a person who is employed either as a master or member of the crew of any ship or vessel, or in any other capacity on board any ship or vessel where—

    1. (a)

      the employment is entered into in the United Kingdom with a view to its performance (in whole or in part) while the ship or vessel is on its voyage; and

    2. (b)

      the employment in that other capacity is for the purposes of that ship or vessel or its crew or any passengers or cargo or mails carried by the ship or vessel;

  • “prescribed area” means any area over which Norway or any member State (other than the United Kingdom) exercises sovereign rights for the purpose of exploring the seabed and subsoil and exploiting their natural resources, being an area outside the territorial seas of Norway or such member State, or any other area which is from time to time specified under section 10(8) of the Petroleum Act 1998;

  • “qualified practitioner” means a person qualified to provide medical treatment, physiotherapy or a form of treatment which is similar to, or related to, either of those forms of treatment.

Annotations

Footnotes

f1

1998 c. 17.

f2

1964 c. 29.