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Temporary absence abroad
Where a person is temporarily abroad at the point of transfer, the time limits set out below begin on the date the person went abroad, even if this date precedes the date of the point of transfer (Scottish Adult DLA Regs, reg 11(3)).
If the person is temporarily abroad at the point of case transfer, their Scottish Adult DLA should be put into payment for (Scottish Adult DLA Regs, reg 11(1)):
- 13 weeks, minus the period prior to Scottish Adult DLA entitlement where the person was abroad and DLA was in payment, or
- 26 weeks, minus the period prior to Scottish Adult DLA entitlement where the person was abroad and DLA was in payment, where the temporary absence is in connection with receiving medical treatment.
Example: Person is temporarily abroad at point of case transfer
Leonard is 77 years old. He normally lives in Scotland but at the point of case transfer he has been in Australia for 10 weeks for medical treatment connected to a long-standing illness. Leonard continues to be treated as present in the common travel area for purposes of Scottish Adult DLA for a further 16 weeks beginning on the date his Scottish Adult DLA entitlement begins. If, at the end of that time he has not returned, his award will end.
For more information on temporary absences and the Common Travel Area, please refer to the Residence and Presence chapter.