Regulation 2 Conditions as to residence and presence in Great Britain

Subject to the following provisions of this regulation F1and F2regulations 2ZA, 2ZB, 2A F3, 2B and 2C, the prescribed conditions for the purposes of F4section 71(6) of the Act as to residence and presence in Great Britain in relation to any person on any day shall be that–

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A person to whom regulation 36(1) of the Disability Assistance for Children and Young People (Scotland) Regulations 2021 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.

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.

A person to whom regulation 48(1) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025 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 was present in F18the relevant area if his absence F19from Great Britain is by reason only of the fact that on that day–

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

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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 F31the 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.

F33In this regulation F34and (3B) , (3B), (3F) and (3G), “the relevant area” means—

For the purpose of paragraph (2)(d) F37, (3B) and (3F) F38, (3B) and (3D) a person is “temporarily absent” F39only if, at the beginning of the period of absence, that absence is unlikely to exceed 52 weeks.

Where a person is temporarily absent from Great Britain, he is 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 (3D), the total period of an absence where the person is treated as present in F41Great Britain the 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 paragraph (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.

Where a person is terminally ill and–

Paragraph (1) shall apply in the case of a child under the age of 6 months as if in head (iii) of sub-paragraph (a) for the reference to F44104 weeks there was substituted a reference to 13 weeks.

Where in any particular case a child has by virtue of paragraph (5), entitlement to the care component immediately before the day he attains the age of 6 months, then until the child attains the age of 12 months, head (iii) of sub-paragraph (a) of paragraph (1) shall continue to apply in his case as if for the reference to F45104 weeks there was substituted a reference to 13 weeks.

Paragraph (1) shall apply in the case of a child who is over the age of 6 months but who has not exceeded the age of 36 months as if in head (iii) of sub-paragraph (a) for the reference to 104 weeks there was substituted a reference to 26 weeks.