Regulation 153 Absence to receive medical treatment

England, Wales and Scotland

(1)

A claimant is to continue to be entitled to an employment and support allowance during the first 26 weeks of a temporary absence from Great Britain if—

(a)

the period of absence is unlikely to exceed 52 weeks;

(b)

while absent from Great Britain, the claimant continues to satisfy the other conditions of entitlement to that employment and support allowance;

(c)

the claimant is absent from Great Britain solely—

(i)

in connection with arrangements made for the treatment of the claimant for a disease or bodily or mental disablement directly related to the claimant's limited capability for work which commenced before leaving Great Britain; or

(ii)

because the claimant is accompanying a dependent child in connection with arrangements made for the treatment of that child for a disease or bodily or mental disablement;

(d)

those arrangements relate to treatment—

(i)

outside Great Britain;

(ii)

during the period whilst the claimant is temporarily absent from Great Britain; and

(iii)

by, or under the supervision of, a person appropriately qualified to carry out that treatment; and

F1(e)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)

In paragraph (1)(d)(iii), “appropriately qualified” means 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

Textual amendments

F1: Reg. 153(1)(e) omitted (26.10.2009) by virtue of The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2009 (S.I. 2009/2655), regs. 1(1), 11(15)

Notes on the whole SI

Textual amendments

F1: Section 3(3) is cited for the power to prescribe a payment under paragraph (b) of the definition of “pension payment”.
F2: Section 22 is cited insofar as it relates to paragraphs 1 to 3, 6, 7, 8(1), 9 and 10 of Schedule 2.
F3: Section 24(1) is cited for the definition of “employment” and “employed”, “period of limited capability for work”, “prescribed”, “regulations” and “week”.
F4: Paragraph 6(5) of Schedule 1 is cited for the definition of “couple”, “education” and “remunerative work”.
F5: 2007 c. 5.
F6: 1992 c. 5.
F7: 1998 c. 14.