{
  "url": "https://openlegislation.uk/employment-and-support-allowance-regulations-northern-ireland-2016/regulation-88",
  "json_url": "https://openlegislation.uk/employment-and-support-allowance-regulations-northern-ireland-2016/regulation-88.json",
  "legislation": "nisr/2016/219",
  "legislation_title": "The Employment and Support Allowance Regulations (Northern Ireland) 2016",
  "legislation_url": "https://openlegislation.uk/employment-and-support-allowance-regulations-northern-ireland-2016",
  "path": "regulation/88",
  "kind": "regulation",
  "number": "88",
  "heading": "Absence from Northern Ireland",
  "text": "(1) A claimant who is entitled to an employment and support allowance is to continue to be so entitled during a period of temporary absence from Northern Ireland only in accordance with regulations 89 to 92A.\n(1A) Where a claimant is temporarily absent from Northern Ireland, except where the circumstances in regulation 91 or 92 apply, the total period of absence where the claimant is treated as present in Northern Ireland will not exceed 26 weeks.\n(2) A claimant who continues to be entitled to an employment and support allowance during a period of temporary absence is not disqualified for receiving that allowance during that period under section 18(4) of the Act.",
  "extent": "N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Word in reg. 88(1) substituted (19.7.2025) by The Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations (Northern Ireland) 2025 (S.R. 2025/136), regs. 1(1), 12(2)(a)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Reg. 88(1A) inserted (19.7.2025) by The Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations (Northern Ireland) 2025 (S.R. 2025/136), regs. 1(1), 12(2)(b)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 88 in operation at 27.9.2017, see reg. 1(2)"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "Section 18(4) was amended by paragraph 21(d) of Schedule 3 to the Welfare Reform (Northern Ireland) Order 2015"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/2016/219/regulation/88",
    "retrieved_at": "2026-10-29T00:56:24.129843+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}