Regulation 2 Conditions as to residence and presence in Great Britain

Subject to the following provisions of this regulation F1and regulations F22A, 2B F3, 2C, 2D and 2E, the prescribed conditions for the purposes of section 35(1) of the Act as to residence and presence in Great Britain in relation to any person on any day shall be that–

A person to whom regulation 53(1) of the Disability Assistance for Working Age People (Scotland) Regulations 2022 applies shall be treated for the period set out in that regulation as though he does not satisfy the condition in paragraph (1)(a)(i) of this regulation.

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

For the purposes of paragraph (1)(a)(ii) and (iii), notwithstanding that on any day a person is absent from Great Britain, he shall be treated as though he were present in F14the relevant area if his absence is by reason only of the fact that on that day–

Where a person is terminally ill and makes a claim for attendance allowance expressly on the ground that he is such a person, paragraph (1) shall apply to him as if head (iii) of sub-paragraph (a) was omitted.

A person shall be treated as habitually resident in Great Britain for the purpose of paragraph (1)(a)(i) where—

Where a person is temporarily absent from Great Britain, he is treated as present in F23the relevant area for the purposes of paragraph (1)(a)(ii) and (iii) for the first 26 weeks of that absence, where—

• “medical treatment” means medical, surgical or rehabilitative treatment (including any course or diet or regimen), and references to a person receiving or submitting to medical treatment are to be construed accordingly.

In this regulation, “the relevant area” means—

For the purpose of paragraph (2)(d) F26, (3B) and (3D) F27, (3B) and (3F) a person is “temporarily absent” if, at the beginning of the period of absence, that absence is unlikely to exceed 52 weeks.

Where a person is required for the purposes of paragraph (1)(a)(ii) to be present in England and Wales, even though the person is absent from England and Wales on any day, the person is to be treated as though they were present in England and Wales on that day if—

Where a person is temporarily absent from Great Britain, he is treated as present in F30the relevant area for the purposes of paragraph (1)(a)(ii) and (iii) for the first 26 weeks of that absence, where—

Where a person is temporarily absent from Great Britain in the circumstances specified in paragraphs (2)(d), (3B) or (3D), the total period of an absence where the person is treated as present in F31the relevant area will not exceed 26 weeks.

Where a person is temporarily absent from Great Britain, they are treated as present in the relevant area for the purposes of paragraph (1)(a)(ii) and (iii) for the first 26 weeks of that absence, where—

Where a person is temporarily absent from Great Britain in the circumstances specified in paragraphs (2)(d), (3B) or (3F), the total period of an absence where the person is treated as present in the relevant area will not exceed 26 weeks.

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