OpenLegislation

Regulation 18A Absence where His Majesty’s Government provides public information to advise British nationals to leave a country or territory or arranges evacuation of British nationals from that country or territoryF1

(1)

Where C is temporarily absent from Northern Ireland, C is treated as present in Northern Ireland for the purposes of regulation 16(a) and (b) during the first 26 weeks of that absence, where—

(a)

C 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)

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

(c)

C 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.

(2)

In this regulation, “temporarily absent” has the same meaning as regulation in 17(2).

Annotations

Textual amendments

F1

Regs. 18A, 18B 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), 17