OpenLegislation

Regulation 2 Modification of the Act in relation to incapacity benefit, severe disablement allowance, unemployability supplement and maternity allowanceF1F28

Original text. Later amendments are not shown.

(1)

F2Except as provided by paragraph (1A) or (1B) below, a person shall not be disqualified for receivingF3any benefit in respect of incapacity by reason of being temporarily absent from Great Britain for any day F4falling within the first twenty-six weeks beginning with the day following the day on which he left Great Britain if—

F5(a)

the Secretary of State has certified that it is consistent with the proper administration of the Act that, subject to the satisfaction of one of the conditions in sub-paragraphs (b)F6, (bb)F7and (c) below, the disqualification under section 82(5)(a) of the Act should not apply, and F8...

(b)

the absence is for the specific purpose of being treated for incapacity which commenced before he left Great Britain, or

F9(bb)

in the case F10of F11incapacity benefit, the incapacity for work is the result of a personal injury of a kind mentioned in section 50(1) of the Act, and the absence is for the specific purpose of receiving treatment which is appropriate to that injury, or

(c)

on the day on which the absence began he was, and had for the past 6 months continuously been, incapable of work and on the day for which benefit is claimed he has remained continuously so incapable F12since the absence beganF13...

(d)

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

F14(1A)

Subject to paragraph (1B), a person who is in receipt of attendance allowanceF15, disability living allowanceF16, armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 F17, personal independence payment under Part 4 of the Welfare Reform Act 2012 F18or Scottish disability assistance shall not by reason of being temporarily absent from Great Britain be disqualified for receiving any benefit in respect of incapacity if—

(a)

the absence is for the specific purpose of being treated for incapacity which commenced before he left Great Britain; or

(b)

in the case of F19incapacity benefit the incapacity for work is the result of a personal injury of a kind mentioned in section 94(1) of the Social Security Contributions and Benefits Act 1992 and the absence is for the specific purpose of receiving treatment which is appropriate to that injury; or

(c)

on the day on which the absence began he was, and had for the past 6 months continuously been, incapable of work and on the day for which benefit is claimed he has remained continuously so incapable since the absence began.

(1B)

A person who is a member of the family of a serving member of the forces and temporarily absent from Great Britain by reason only of the fact that he is living with that member shall not by reason of being temporarily absent be disqualified—

(a)

for receiving any benefit in respect of incapacity except severe disablement allowance if—

(i)

the absence is for the specific purpose of being treated for incapacity which began before he left Great Britain, or

(ii)

in the case of F20incapacity benefit the incapacity for work is the result of a personal injury of a kind mentioned in section 94(1) of the Social Security Contributions and Benefits Act 1992 and the absence is for the specific purpos of receiving treatment which is appropriate to that injury, or

(iii)

on the day on which the absence began he was, and had for the past 6 months continuously been, incapable of work and on the day for which benefit is claimed he has remained continuously so incapable since the absence began; or

(b)

for the receipt of severe disablement allowance.

F21(2)

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

F22(3)

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

(4)

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

F23(5)

In this regulation—

(a)

“benefit in respect of incapacity” means F24incapacity benefit, severe disablement allowance, an unemployability supplement or a maternity allowance;

(b)

“member of the family of a serving member of the forces” means the spouse, F25civil partner, son, daughter, step-son, step-daughter, father, father-in-law, step-father, mother, mother-in-law or step-mother of such a member; F26...

(F27ba)

“Scottish disability assistance” means disability assistance given in accordance with regulations made under section 31 of the Social Security (Scotland) Act 2018; and

(c)

“week” means any period of seven days.

Annotations

Textual amendments

F1

Heading and words in reg. 2(1) substituted (29.11.1984) by The Social Security (Severe Disablement Allowance) Regulations 1984 (S.I. 1984/1303), regs. 1, 16

F2

Words in reg. 2(1) inserted (8.3.1994) by The Social Security Benefit (Persons Abroad) Amendment Regulations 1994 (S.I. 1994/268), regs. 1(1), 2(2)(a) (with reg. 3)

F3

Words in reg. 2(1) substituted (8.3.1994) by The Social Security Benefit (Persons Abroad) Amendment Regulations 1994 (S.I. 1994/268), regs. 1(1), 2(2)(b) (with reg. 3)

F4

Words in reg. 2(1) inserted (8.3.1994) by The Social Security Benefit (Persons Abroad) Amendment Regulations 1994 (S.I. 1994/268), regs. 1(1), 2(2)(c) (with reg. 3)

F5

Reg. 2(1)(a) substituted (14.11.1977) by The Social Security Benefit (Persons Abroad) Amendment Regulations 1977 (S.I. 1977/1679), regs. 1(1), 2(2)

F6

Word in reg. 2(1)(a) inserted (6.4.1983) by The Social Security (Abolition of Injury Benefit) (Consequential) Regulations 1983 (S.I. 1983/186), regs. 1(1), 5(2)

F7

Words in reg. 2(1)(a) substituted (8.3.1994) by The Social Security Benefit (Persons Abroad) Amendment Regulations 1994 (S.I. 1994/268), regs. 1(1), 2(2)(d) (with reg. 3)

F8

Word in reg. 2(1)(a) omitted (8.2.1990) by virtue of The Social Security Benefit (Persons Abroad) Amendment Regulations 1990 (S.I. 1990/40), regs. 1(1), 2(3)(a)(ii)

F9

Reg. 2(1)(bb) inserted (6.4.1983) by The Social Security (Abolition of Injury Benefit) (Consequential) Regulations 1983 (S.I. 1983/186), regs. 1(1), 5(2)

F10

Words in reg. 2(1)(bb) substituted (1.10.1986) by The Social Security Benefit (Persons Abroad) Amendment (No. 2) Regulations 1986 (S.I. 1986/1545), regs. 1, 2

F11

Words in reg. 2(1)(bb) substituted (13.4.1995) by The Social Security (Incapacity Benefit) (Consequential and Transitional Amendments and Savings) Regulations 1995 (S.I. 1995/829), regs. 1(1), 7(b) (with Pt. III)

F12

Words in reg. 2(1)(c) substituted (8.2.1990) by The Social Security Benefit (Persons Abroad) Amendment Regulations 1990 (S.I. 1990/40), regs. 1(1), 2(3)(b)

F13

Reg. 2(1)(d) and word omitted (8.3.1994) by virtue of The Social Security Benefit (Persons Abroad) Amendment Regulations 1994 (S.I. 1994/268), regs. 1(1), 2(2)(e) (with reg. 3)

F14

Reg. 2(1A)(1B) inserted (8.3.1994) by The Social Security Benefit (Persons Abroad) Amendment Regulations 1994 (S.I. 1994/268), regs. 1(1), 2(3) (with reg. 3)

F15

Words in reg. 2(1A) substituted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 8

F16

Words in reg. 2(1A) inserted (8.4.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 1(2)

F17

Words in reg. 2(1A) substituted (21.10.2024) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024 (S.I. 2024/919), arts. 1(1), 3(2)(a)(i)

F18

Words in reg. 2(1A) inserted (21.10.2024) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024 (S.I. 2024/919), arts. 1(1), 3(2)(a)(ii)

F19

Words in reg. 2(1A)(b) substituted (13.4.1995) by The Social Security (Incapacity Benefit) (Consequential and Transitional Amendments and Savings) Regulations 1995 (S.I. 1995/829), regs. 1(1), 7(c) (with Pt. III)

F20

Words in reg. 2(1B)(a)(ii) substituted (13.4.1995) by The Social Security (Incapacity Benefit) (Consequential and Transitional Amendments and Savings) Regulations 1995 (S.I. 1995/829), regs. 1(1), 7(d) (with Pt. III)

F21

Reg. 2(2) revoked (14.11.1977) by The Social Security Benefit (Persons Abroad) Amendment Regulations 1977 (S.I. 1977/1679), regs. 1(1), 2(4)

F22

Reg. 2(3)(4) omitted (13.4.1995) by virtue of The Social Security (Incapacity Benefit) (Consequential and Transitional Amendments and Savings) Regulations 1995 (S.I. 1995/829), regs. 1(1), 7(e) (with Pt. III)

F23

Reg. 2(5) inserted (8.3.1994) by The Social Security Benefit (Persons Abroad) Amendment Regulations 1994 (S.I. 1994/268), regs. 1(1), 2(4) (with reg. 3)

F24

Words in reg. 2(5)(a) substituted (13.4.1995) by The Social Security (Incapacity Benefit) (Consequential and Transitional Amendments and Savings) Regulations 1995 (S.I. 1995/829), regs. 1(1), 7(f) (with Pt. III)

F25

Words in reg. 2(5)(b) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 5(2) (with art. 3)

F26

Word in reg. 2(5)(b) omitted (21.10.2024) by virtue of The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024 (S.I. 2024/919), arts. 1(1), 3(2)(b)

F27

Reg. 2(5)(ba) inserted (21.10.2024) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024 (S.I. 2024/919), arts. 1(1), 3(2)(c)

F28

Words in reg. 2 heading substituted (13.4.1995) by The Social Security (Incapacity Benefit) (Consequential and Transitional Amendments and Savings) Regulations 1995 (S.I. 1995/829), regs. 1(1), 7(a) (with Pt. III)