Temporary absence from the Common Travel Area 

Temporary absence from the Common Travel Area 

Rules on temporary absence apply both to ongoing entitlement and to requests for reinstatement of entitlement within a year.  A temporary absence is defined as one which is expected at its beginning to last no more than 52 weeks (Scottish Adult DLA Regs, Reg 11(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, Scottish Adult DLA should continue to be paid for the first:  

• 13 consecutive weeks for any reason; (Scottish Adult DLA Regs, Reg 11(1)(a)) 
• 26 consecutive weeks where the absence is related to medical treatment for a condition which commenced before leaving the CTA (Scottish Adult DLA Regs, Reg 11(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.(Scottish Adult DLA Regs, Reg 11(1)(c))

Where the individual is already temporarily abroad at the point of case transfer, it should be ascertained how long they have been abroad for, and Scottish Adult DLA should be paid for the remainder of the 13 or 26 week period, whichever applies (Scottish Adult DLA Regs, Reg 11(3)). 

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

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 (Scottish Adult DLA Regs, Reg 11(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 regimen.(Scottish Adult DLA Regs, Reg 11(1)(b)(i)) 

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 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 (Scottish Adult DLA Regs, Reg 11(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.