Temporary absence

Rules on temporary absence apply both to new and ongoing claims. A temporary absence is defined as one which is expected at its beginning to last no more than 52 weeks (CDP regs, reg. 7(2)(a)). The absence ends when the person returns to the CTA.

A person is absent from the CTA if that person is absent for the whole day from midnight to midnight. A person who is present in the CTA for only part of a day, is present on that day. This is when leaving or returning to UK.

Where an award has been made, a CDP claim should continue to be paid for the first:

• 13 consecutive weeks of any absence for any reason (CDP regs, reg. 7(a))
• 26 consecutive weeks of any absence caused by travelling abroad to receive medical treatment (CDP regs, reg. 7(b))
• 26 consecutive weeks of any absence caused by a crisis where the UK Government has issued guidance to leave a country, or arranged an evacuation of British nationals from a country, and it would be unreasonable to expect the individual to return from that country (CDP regs, reg 7(1)(c))

The same periods, for the same reasons, can also be applied retrospectively when considering whether an applicant satisfies the past presence test.

Absences from the CTA of up to:

• 13 weeks for any reason
• 26 weeks to receive medical treatment
• 26 weeks because of an inability to return due to a crisis where the UK Government has issued guidance to leave a country, or arranged an evacuation of British nationals from a country, and it would be unreasonable to expect the individual to return from that country.

should be counted as presence for these purposes. Absences for either reason cannot follow each other, so an absence of 13 weeks for any reason cannot be followed by an absence of 26 weeks to receive medical treatment

The 26-week period for medical reasons only applies where the absence is for the medical treatment of the individual for either:

• a disease, or
• bodily or mental disablement which started before the individual in receipt of CDP left the UK (CDP regs, reg. 7(1)(b)(i))

During the period of temporary absence from UK, the treatment must be either:

• undertaken by
• under the supervision of

a person appropriately qualified to carry out that treatment. ‘Medical treatment’ means medical, surgical, psychological or rehabilitative treatment. This includes any course, diet or other regimen (CDP regs, reg. 7(1)(b)(i))

An individual in receipt of CDP who goes abroad for a holiday and falls ill after leaving UK, and the illness does not relate to a pre-existing condition or disability:

• is not absent for the specific purpose of being treated
• would not satisfy the requirement that the treatment was for an incapacity or disablement condition which began before leaving the CTA

The 26-week absence due to a crisis only applies where Scottish Ministers are satisfied that it would be unreasonable to expect the individual to return, or have returned, to the Common Travel Area, and that the individual 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 (CDP regs, reg. 7(1)(c)).

For example, it may be unreasonable to expect the individual to return in scenarios where no commercial transport routes are available or where travel would be too dangerous due to a conflict, war or other escalation of violence.