Regulation 20A Absence from England and Wales whilst present in ScotlandF1
Where C is required for the purposes of regulation 16(a) to be present in England and Wales, even though C is absent from England and Wales on a particular day, C is to be treated as though they were present in England and Wales on that day if—
C’s absence on that day is by reason only of the fact that they are temporarily absent from England and Wales, and
C is present in Scotland.
Annotations
Textual amendments
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Reg. 20A inserted (6.11.2025) by The Social Security (Scotland Cross-border Consequential Amendment and Transitional Provision) Regulations 2025 (S.I. 2025/1089), regs. 1(2), 5(8) (with reg. 6)
Notes on the whole SI
Textual amendments
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- 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.