Regulation 18A Absence where His Majesty’s Government provides public information to advise British nationals to leave a country or territory or arranges the evacuation of British nationals from a country or territoryF1
England and Wales
Where C is temporarily absent from Great Britain, C is treated as present in F2Great Britain the relevant area for the purposes of regulation 16(a) and (b) during the first 26 weeks of that absence, where—
C was present in a country or territory outside Great Britain immediately before His Majesty’s Government—
provided public information to advise British nationals to leave that country or territory, or
arranged the evacuation of British nationals from that country or territory;
the Secretary of State is satisfied that it would be unreasonable to expect C to return, or have returned, to Great Britain; and
C 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.
In this regulation, “temporarily absent” has the same meaning as in regulation 17(2).
Annotations
Textual amendments
- F1
Regs. 18A, 18B inserted (E.W.) (18.7.2025) by The Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations 2025 (S.I. 2025/884), regs. 1(1), 15
- F2
Words in reg. 18A(1) substituted (E.W.) (6.11.2025) by The Social Security (Scotland Cross-border Consequential Amendment and Transitional Provision) Regulations 2025 (S.I. 2025/1089), regs. 1(2), 10(2) (with reg. 6)
Notes on the whole SI
Textual amendments
- F1
- F2
See section 173(5)(a) of the Social Security Administration Act 1992 (c.5) (‘the 1992 Act’). The requirement to refer regulations to the Social Security Advisory Committee does not apply where regulations are contained in a statutory instrument made before the end of the period of six months beginning with the coming into force of the enactment under which the regulations were made. Schedule 9, paragraph 26(a) to the Welfare Reform Act 2012 (c.5) (‘the Act’) inserted a reference to Part 4 of that Act into section 170(5) of the 1992 Act which has the effect of making that Part of the Act a ‘relevant enactment’ and therefore subject to the requirement to refer regulations to the Social Security Advisory Committee unless section 173(5) applies.