# The Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations 2025, Regulation 16: Amendment of the Social Security (Attendance Allowance) Regulations 1991 and the Social Security (Disability Living Allowance) Regulations 1991


(1) In paragraph (3BA) of the provision specified in paragraph (5)(b), for “and (3B)” substitute “, (3B) and (3D)”.
(2) In paragraph (3C) of the provisions specified in paragraph (5), for “and (3B)” substitute “, (3B) and (3D)”.
(3) After paragraph (3C) of the provision specified in paragraph (5)(a), insert—
“(3D) Where a person is temporarily absent from Great Britain, he is treated as present in Great Britain for the purposes of paragraph (1)(a)(ii) and (iii) for the first 26 weeks of that absence, where—
(a) that person was present in a country or territory outside Great Britain 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 Secretary of State is satisfied that it would be unreasonable to expect the person to return, or to have returned, to Great Britain; and
(c) the person 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.
(3E) 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 Great Britain will not exceed 26 weeks.”.
(4) After paragraph (3C) of the provision specified in paragraph (5)(b), insert—
“(3D) 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—
(a) that person was present in a country or territory outside Great Britain 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 Secretary of State is satisfied that it would be unreasonable to expect the person to return, or to have returned, to Great Britain; and
(c) the person 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.
(3E) 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 Great Britain will not exceed 26 weeks.”.
(5) These provisions are—
(a) regulation 2 of the Social Security (Attendance Allowance) Regulations 1991 (conditions as to residence and presence in Great Britain); and
(b) regulation 2 of the Social Security (Disability Living Allowance) Regulations 1991 (conditions as to residence and presence in Great Britain).

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Source: https://www.legislation.gov.uk/uksi/2025/884/regulation/16 (the official version)
Page: https://openlegislation.uk/social-security-habitual-residence-past-presence-and-temporary-absence-amendment-regulations-2025/regulation-16
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.