The Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations 2025
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Change 1
12 Amendment of the Employment and Support Allowance Regulations 2013
(1) The Employment and Support Allowance Regulations 2013 are amended as follows. (2) In regulation 88 (absence from Great Britain)— (a) in sub-paragraph (1) for “92” substitute “92A”; (b) after sub-paragraph (1) insert— (1A) Where a claimant is temporarily absent from Great Britain, except where the circumstances in regulations 91 or 92 apply, the total period of absence where the claimant is treated as present in Great Britain will not exceed 26 weeks. (3) After regulation 92 (absence of member of family of member of Her Majesty’s forces) insert— 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 territory 92A A claimant is to continue to be entitled to an employment and support allowance during the first 26 weeks of a temporary absence from Great Britain 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) any of regulations 88 to 92 applied to the claimant 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. .
12 Amendment of the Employment and Support Allowance Regulations 2013
(1) The Employment and Support Allowance Regulations 2013 are amended as follows. (2) In regulation 88 (absence from Great Britain)— (a) in sub-paragraph (1) for “92” substitute “92A”; (b) after sub-paragraph (1) insert— (1A) Where a claimant is temporarily absent from Great Britain, except where the circumstances in regulations 91 or 92 apply, the total period of absence where the claimant is treated as present in Great Britain will not exceed 26 weeks. (3) After regulation 92 (absence of member of family of member of Her Majesty’s forces) insert— 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 territory 92A A claimant is to continue to be entitled to an employment and support allowance during the first 26 weeks of a temporary absence from Great Britain 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) any of regulations 88 to 92 applied to the claimant 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. .
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