Where an individual is absent from the UK in the course of their employment as:

• a member of the UK armed forces
• a civil servant (CDP regs, reg. 5(7))

they, and the children in their care, are treated as though they continue to meet the residence and presence conditions. This is when their absence from the UK is solely due to their work as a member of the forces or as a civil servant.

A serving member of the UK armed forces can be any individual who is a member of a regular or reserve force as defined in the Armed Forces Act 2006 (Armed Forces Act 2006, s374).

A ‘civil servant’ means a person employed in the civil service of the state. Essentially this means individuals working for governments or their agencies.

Someone is a family member of a member of the armed forces or a civil servant where they are that individual’s:

• spouse
• civil partner
• son
• daughter
• step-son
• step-daughter
• father
• father-in-law;
• step-father
• mother
• mother-in-law
• step-mother
• a child in the care of that individual (CDP regs, reg. 6(a) & (b))

References to ‘step’ relationships or ‘in-laws’ are to be read as including situations where that relationship arises through civil partnership or marriage.

Individuals falling within these groups are treated as meeting each of the relevant residence and presence criteria, as long as they were both ordinarily resident in Scotland and habitually resident in the Common Travel Area before they went overseas, for the duration of any work-related absence caused by their employment or the employment of a family member. This means that any ongoing awards of both mobility and care components should continue to be paid for the duration of those absences.

These provisions also have effect retrospectively from the time of application. This applies when an individual in these categories or their family member has returned to the UK from time abroad for work. That time spent abroad counts towards any periods of past presence required.