Members of the armed forces and civil servants

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; or

a family member of one of these individuals (Scottish Adult DLA Regs, Reg 12)

they are treated as though they continue to meet the presence and past presence tests. This is when their absence from the UK is solely due to their work as a member of the armed 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 (Scottish Adult DLA Regs, Reg 12(4)).

A ‘civil servant’ means a person employed in the civil service of the state. Essentially this means individuals working for governments or their agencies (Scottish Adult DLA Regs, Reg 12(4)).

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; or
• a child in the care of that individual (Scottish Adult DLA Regs, Reg 12(3)(b)).

References to ‘step’ relationships or ‘in-laws’ are to be read as including situations where that relationship arises through civil partnership or marriage. References to spouse or civil partner apply regardless of the individuals’ sex.

Individuals who fall within these groups are treated as meeting the presence and past presence tests. This is for the duration of any work-related absence caused by their employment or the employment of their family member. This means that ongoing Scottish Adult DLA awards 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.