Regulation 3 Amendment of the Social Security (Attendance Allowance) Regulations 1991

in paragraph (3C) for “and (3B)” substitute “, (3B) and (3F)”,

after paragraph (3E)^f3 insert—

“(3F)

Where a person is temporarily absent from Great Britain, they are treated as present in the relevant area for the purposes of paragraph (1)(a)(ii) and (iii) for the first 26 weeks of that absence, where—

(a)

that person was present in a country or territory outside Great Britain immediately before His Majesty’s Government—

(i)

provided public information to advise British nationals to leave that country or territory, or

(ii)

arranged the evacuation of British nationals from that country or territory,

(b)

the Scottish Ministers are satisfied that it would be unreasonable to expect the person to return, or to have returned, to Great Britain, and

(c)

the person 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.

(3G)

Where a person is temporarily absent from Great Britain in the circumstances specified in paragraphs (2)(d), (3B) or (3F), the total period of an absence where the person is treated as present in the relevant area will not exceed 26 weeks.”.

in paragraph (1), after sub-paragraph (j)^f5 insert—

“,

(k)

met conditions A to D,

Condition A

The person was residing in a country or territory outside Great Britain immediately before His Majesty’s Government—

(i)

provided public information to advise British nationals to leave that country or territory, or

(ii)

arranged the evacuation of British nationals from that country or territory,

Condition B

The person has left that country or territory.

Condition C

The person arrived in Great Britain in the first 26 weeks beginning on the day on which the public information is issued, or the evacuation is started.

Condition D

The person—

(i)

has a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971,

(ii)

does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act,

(iii)

has leave to enter or remain in the United Kingdom in accordance with immigration rules, or

(iv)

has leave on a discretionary basis outside of immigration rules, or

(l)

as part of a safe and legal humanitarian immigration route, has leave to enter or remain in the United Kingdom in accordance with the immigration rules or leave on a discretionary basis outside of those rules”,

after paragraph (1B)^f6, insert—

“(1C)

Where paragraph (1)(k) applies, it will apply for 130 weeks beginning on the day on which the public information is issued, or the evacuation is started.”.