{
  "url": "https://openlegislation.uk/jobseekers-allowance-regulations-2013/regulation-41",
  "json_url": "https://openlegislation.uk/jobseekers-allowance-regulations-2013/regulation-41.json",
  "legislation": "uksi/2013/378",
  "legislation_title": "The Jobseeker's Allowance Regulations 2013",
  "legislation_url": "https://openlegislation.uk/jobseekers-allowance-regulations-2013",
  "path": "regulation/41",
  "kind": "regulation",
  "number": "41",
  "heading": "Persons temporarily absent from Great Britain",
  "text": "(1) For the purposes of the Act, a claimant must be treated as being in Great Britain during any period of temporary absence from Great Britain—\n(a) not exceeding four weeks in the circumstances specified in paragraph (2);\n(b) not exceeding eight weeks in the circumstances specified in paragraph (3) ; or\n(c) not exceeding 26 weeks in the circumstances specified in paragraph (6A).\n(2) The circumstances specified in this paragraph are that—\n(a) the claimant is in Northern Ireland and satisfies the conditions of entitlement to a jobseeker's allowance;\n(b) immediately preceding the period of absence from Great Britain, the claimant was entitled to a jobseeker's allowance; and\n(c) the period of absence is unlikely to exceed 52 weeks.\n(3) The circumstances specified in this paragraph are that—\n(a) immediately preceding the period of absence from Great Britain, the claimant was entitled to a jobseeker's allowance;\n(b) the period of absence is unlikely to exceed 52 weeks;\n(c) the claimant continues to satisfy or be treated as satisfying the other conditions of entitlement to a jobseeker's allowance;\n(d) the claimant is, or the claimant and any other member of their family are, accompanying a member of the claimant's family who is a child or young person solely in connection with arrangements made for the treatment of that child or young person for a disease or bodily or mental disablement; and\n(e) those arrangements relate to treatment—\n(i) outside Great Britain;\n(ii) during the period whilst the claimant is, or the claimant and any member of their family are, temporarily absent from Great Britain; and\n(iii) by, or under the supervision of, a person appropriately qualified to carry out that treatment.\n(4) A person must also be treated, for the purposes of the Act, as being in Great Britain during any period of temporary absence from Great Britain where—\n(a) the absence is for the purpose of attending an interview for employment;\n(b) the absence is for seven consecutive days or less;\n(c) notice of the proposed absence is given to the Secretary of State before departure, and is given in writing if so required by the Secretary of State; and\n(d) on their return to Great Britain the person satisfies the Secretary of State that they attended for the interview in accordance with their notice.\n(5) For the purposes of the Act a claimant must be treated as being in Great Britain during any period of temporary absence from Great Britain if—\n(a) the claimant was entitled to a jobseeker's allowance immediately before the beginning of that period of temporary absence; and\n(b) that period of temporary absence is for the purpose of the claimant receiving treatment at a hospital or other institution outside Great Britain where the treatment is being provided—\n(i) under section 6(2) of the Health Service Act (performance of functions outside England) or section 6(2) of the Health Service (Wales) Act (performance of functions outside Wales);\n(ii) pursuant to arrangements made under section 12(1) of the Health Service Act (Secretary of State's arrangements with other bodies) , section 10(1) of the Health Service (Wales) Act (Welsh Minister's arrangements with other bodies), paragraph 18 of Schedule 4 to the Health Service Act (joint exercise of functions) or paragraph 18 of Schedule 3 to the Health Service (Wales) Act (joint exercise of functions) ; or\n(iii) under any equivalent provision in Scotland or pursuant to arrangements made under such provision.\n(6) For the purposes of the Act, a person must be treated as being in Great Britain during any period of temporary absence from Great Britain not exceeding 15 days where—\n(a) the absence is for the purpose of taking part in annual continuous training as a member of any ... reserve force prescribed in Part 1 of Schedule 6 to the Social Security (Contributions) Regulations 2001; and\n(b) the person was entitled to a jobseeker's allowance immediately before the period of absence.\n(6A) The circumstances in this paragraph are that—\n(a) the claimant was present in a country or territory outside Great Britain immediately before His Majesty’s Government—\n(i) provided public information to advise British nationals to leave that country or territory, or\n(ii) arranged the evacuation of British nationals from that country or territory;\n(b) paragraphs (1)(a) or (b), (2), (4), (5) or (6) applied to the claimant when the public information was issued or the evacuation began;\n(c) the Secretary of State is satisfied that it would be unreasonable to expect the claimant to return, or have returned, to Great Britain; and\n(d) the claimant 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.\n(6B) Where a person is temporarily absent from Great Britain, except where the circumstances in paragraph (5) apply, the total period of absence where the person is treated as present in Great Britain will not exceed 6 months.\n(7) In this regulation, “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.",
  "extent": "E+W+S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Word in reg. 41(1)(b) substituted for full stop (18.7.2025) by The Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations 2025 (S.I. 2025/884), regs. 1(1), 11(2)(a)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Reg. 41(1)(c) inserted (18.7.2025) by The Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations 2025 (S.I. 2025/884), regs. 1(1), 11(2)(b)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in reg. 41(6) omitted (6.4.2015) by virtue of The Social Security (Members of the Reserve Forces) (Amendment) Regulations 2015 (S.I. 2015/389), regs. 1, 5(5)(a)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Reg. 41(6A)(6B) inserted (18.7.2025) by The Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations 2025 (S.I. 2025/884), regs. 1(1), 11(2)(c)"
    },
    {
      "type": "M",
      "label": "M1",
      "text": "Section 6(2) was amended by paragraph 2 of Schedule 4 to the Health and Social Care Act 2012 (c.7)."
    },
    {
      "type": "M",
      "label": "M2",
      "text": "Section 12(1) was amended by paragraph 8 of Schedule 4 to the Health and Social Care Act 2012."
    },
    {
      "type": "M",
      "label": "M3",
      "text": "Paragraph 18 of Schedule 4 was amended by paragraph 22 of Schedule 4 to the Health and Social Care Act 2012."
    },
    {
      "type": "M",
      "label": "M4",
      "text": "Paragraph 18 of Schedule 3 was amended by paragraph 40 of Schedule 21 to the Health and Social Care Act 2012."
    },
    {
      "type": "M",
      "label": "M5",
      "text": "S.I. 2001/1004."
    },
    {
      "type": "C",
      "label": "C1",
      "text": "Regulations modified (24.4.2013) by The Welfare Reform Act 2012 (Commencement No. 9 and Transitional and Transitory Provisions and Commencement No. 8 and Savings and Transitional Provisions (Amendment)) Order 2013 (S.I. 2013/983), (art. 12) (with application in accordance with art. 12(1)) (as amended: (20.6.2013) by S.I. 2013/1511)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2013/378/regulation/41",
    "retrieved_at": "2026-10-29T01:03:37.987840+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."
}