Regulation 3 Persons temporarily absent from Great BritainF1

(1)

A claimant's entitlement to state pension credit while the claimant is temporarily absent from Great Britain is to continue but for no longer than—

(a)

4 weeks, provided the absence is not expected to exceed 4 weeks;

(b)

8 weeks, where paragraph (2) applies; F2...

(c)

26 weeks, where paragraph (3) applies F3; or

(F4d)

26 weeks, where paragraph (3A) applies,

provided the claimant continues to satisfy the other conditions of entitlement.

(2)

This paragraph applies where the absence is not expected to exceed 8 weeks and is in connection with the death of—

(a)

the claimant's partner or a child or qualifying young person normally living with the claimant; or

(b)

a close relative of—

(i)

the claimant;

(ii)

the claimant's partner; or

(iii)

a child or qualifying young person normally living with the claimant,

and the Secretary of State considers that it would be unreasonable to expect the claimant to return to Great Britain within 4 weeks.

(3)

This paragraph applies where the absence is not expected to exceed 26 weeks and is solely in connection with—

(a)

the claimant undergoing—

(i)

treatment for an illness or physical or mental impairment by, or under the supervision of, a qualified practitioner; or

(ii)

medically approved convalescence or care as a result of treatment for an illness or physical or mental impairment, where the claimant had that illness or impairment before leaving Great Britain; or

(b)

the claimant accompanying his or her partner or a child or qualifying young person normally living with the claimant for treatment or convalescence or care as mentioned in sub-paragraph (a).

(F53A)

This paragraph applies where—

(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), (b) or (c) 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.

(3B)

Where a person is temporarily absent from Great Britain, the total period of absence where the person is treated as present in Great Britain will not exceed 26 weeks.

(4)

In this regulation and in regulation 5—

“medically approved” means certified by a registered medical practitioner;
“qualified practitioner” means a person qualified to provide medical treatment, physiotherapy or a form of treatment which is similar to, or related to, either of those forms of treatment.

Annotations

Textual amendments

F1: Reg. 3 substituted (28.7.2016) by The Housing Benefit and State Pension Credit (Temporary Absence) (Amendment) Regulations 2016 (S.I. 2016/624), regs. 1, 4(2) (with reg. 5(3))
F2: Word in reg. 3(1)(b) omitted (18.7.2025) by virtue of The Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations 2025 (S.I. 2025/884), regs. 1(1), 6(2)(a)
F3: Word in reg. 3(1)(c) substituted for comma (18.7.2025) by The Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations 2025 (S.I. 2025/884), regs. 1(1), 6(2)(b)
F4: Reg. 3(1)(d) inserted (18.7.2025) by The Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations 2025 (S.I. 2025/884), regs. 1(1), 6(2)(c)
F5: Reg. 3(3A)(3B) inserted (18.7.2025) by The Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations 2025 (S.I. 2025/884), regs. 1(1), 6(2)(d)