Regulation 4 Amendment of the Income Support (General) Regulations 1987

at the end of paragraph (1)(b) for the full stop substitute “; and”;

after paragraph (1)(b) insert—

“(c)

in the circumstances specified in paragraph (3B), during the first 26 weeks of that period.”;

after paragraph (3A) insert—

“(3B)

A claimant’s entitlement to income support is to continue during a temporary absence from Great Britain during the first 26 weeks of the absence if—

(a)

the claimant 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)

paragraphs (1)(a) or (b) or (3A) applied to the person when the public information was issued or the evacuation began;

(c)

the Secretary of State is satisfied that it would be unreasonable to expect the claimant to return, or have returned, to Great Britain; and

(d)

the claimant 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.

(3C)

Where a person is temporarily absent from Great Britain, except where the circumstances in paragraph (3A) apply, the total period of absence where the person is treated as present in Great Britain will not exceed 26 weeks.”.