Temporary absence from the Common Travel Area

Rules on temporary absence apply both to new applications and ongoing entitlement. A temporary absence is defined as one which is expected at its beginning to last no more than 52 weeks (PADP Regs, Reg 10 (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 considered present for that whole day. This is when leaving or returning to the UK.

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

• 13 consecutive weeks for any reason; (PADP Regs, Reg 10 (1) (a)) 
• 26 consecutive weeks where the absence is related to medical treatment for a condition which commenced before leaving the CTA (PADP Regs, Reg 10 (1) (b)) and 
• 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 (PADP Regs, Reg 10(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 which fall into these categories should be treated as presence for these purposes. 

Each absence is considered separately. An absence of up to 13 weeks for any reason cannot be immediately followed by another absence of up to 26 weeks for medical treatment. The individual must be present in the CTA between such absences.

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

• a disease; or
• bodily or mental disablement which started before the person left the CTA (PADP Regs, Reg 10 (1) (b) (i)).

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

• undertaken by; or
• under the supervision of

a person appropriately qualified to carry out that treatment. ‘Medical treatment’ means medical, surgical or rehabilitative treatment. This includes any course, diet or other regime (PADP Regs, Reg 10 (2) (b)).

An individual who goes abroad for a holiday and falls ill after leaving the CTA:

• is not absent for the specific purpose of being treated; and
• 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 CTA, 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 (PADP Regs, Reg 10 (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.