Regulation 40 Persons temporarily absent from Northern Ireland

(1)

For the purposes of the Order, a claimant must be treated as being in Northern Ireland during any period of temporary absence from Northern Ireland—

(a)

not exceeding 4 weeks in the circumstances specified in paragraph (2);

(b)

not exceeding 8 weeks in the circumstances specified in paragraph (3); F1or

(c)

not exceeding 26 weeks in the circumstances specified in paragraph (6A).

(2)

The circumstances specified in this paragraph are that—

(a)

the claimant is in Great Britain and satisfies the conditions of entitlement to a jobseeker's allowance;

(b)

immediately preceding the period of absence from Northern Ireland, the claimant was entitled to a jobseeker's allowance; and

(c)

the period of absence is unlikely to exceed 52 weeks.

(3)

The circumstances specified in this paragraph are that—

(a)

immediately preceding the period of absence from Northern Ireland the claimant was entitled to a jobseeker's allowance;

(b)

the period of absence is unlikely to exceed 52 weeks;

(c)

the claimant continues to satisfy or be treated as satisfying the other conditions of entitlement to a jobseeker's allowance;

(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

(e)

those arrangements relate to treatment—

(i)

outside Northern Ireland;

(ii)

during the period whilst the claimant is, or the claimant and any member of their family are, temporarily absent from Northern Ireland; and

(iii)

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

(4)

A person must also be treated, for the purposes of the Order, as being in Northern Ireland during any period of temporary absence from Northern Ireland where—

(a)

the absence is for the purpose of attending an interview for employment;

(b)

the absence is for 7 consecutive days or less;

(c)

notice of the proposed absence is given to the Department before departure, and is given in writing if so required by the Department; and

(d)

on their return to Northern Ireland the person satisfies the Department that they attended for the interview in accordance with their notice.

(5)

For the purpose of the Order a claimant must be treated as being in Northern Ireland during any period of temporary absence from Northern Ireland if—

(a)

the claimant was entitled to a jobseeker's allowance immediately before the beginning of that period of temporary absence; and

(b)

that period of temporary absence is for the purpose of the claimant receiving treatment at a hospital or other institution outside Northern Ireland where the treatment is being provided—

(i)

under Articles 5, 7 and 8 of the Health and Personal Social Services (Northern Ireland) Order 1972 (services generally) M1;

(ii)

pursuant to arrangements made under Article 14A of that Order (voluntary organisations and other bodies) M2, or

(iii)

pursuant to arrangements made under paragraph 13 of Schedule 3 to the Health and Personal Social Services (Northern Ireland) Order 1991 (Health and Social Services trusts — specific powers) M3.

(6)

For the purposes of the Order, a person must be treated as being in Northern Ireland during any period of temporary absence from Northern Ireland not exceeding 15 days where—

(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 M4; and

(b)

the person was entitled to a jobseeker's allowance immediately before the period of absence.

F2(6A)

The circumstances in this paragraph are that—

(a)

the claimant was present in a country or territory outside Northern Ireland 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)

paragraph (1)(a) or (b), (2), (4), (5) or (6) applied to the claimant when the public information was issued or the evacuation began;

(c)

the Department is satisfied that it would be unreasonable to expect the claimant to return, or to have returned, to Northern Ireland; and

(d)

the claimant did not enter that country or territory when His Majesty’s Government public information was to advise British nationals to leave that country or territory.

(6B)

Where a person is temporarily absent from Northern Ireland, except where the circumstances in paragraph (5) apply, the total period of absence where the person is treated as present in Northern Ireland will not exceed 6 months.

(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.

Annotations

Textual amendments

F1: Reg. 40(1)(c) and word added (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), 11(a)
F2: Reg. 40(6A)(6B) 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), 11(b)

Marginal citations

M1: S.I. 1972/1265 (N.I. 14); Article 5 was amended by Schedule 6 to the Health and Social Security (Northern Ireland) Order 1984 (S.I. 1984/1158 (N.I. 8)), Schedule 5 to the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 N.I. 4)) and paragraph 3 of Schedule 1 to the Primary Medical Services (Northern Ireland) Order 2004 (S.I. 2004/311 (N.I. 2))
M2: Article 14A was inserted by paragraph 2 of Schedule 1 to the Registered Homes (Northern Ireland) Order 1992 (S.I. 1992/3204 (N.I. 20))
M3: S.1. 1991/194 (N.I. 1); paragraph 13 of Schedule 3 was amended by Schedule 1 to the Health and Personal Social Services (Northern Ireland) Order 1994 (S.I. 1994/429 (N.I. 2)) and sections 32 and 34(3) of and paragraph 1(1)(d) and 1(3) of Schedule 6 to the Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1 (N.I.))
M4: S.I. 2001/1004