The Social Security Benefit (Persons Abroad) Regulations (Northern Ireland) 1978

Modifications of the Act in relation to sickness benefit, invalidity benefit, non-contributory invalidity pension, unemployability supplement and maternity allowance

2.—(1) A person shall not be disqualified for receiving sickness benefit, invalidity benefit, non-contributory invalidity pension, an unemployability supplement or a maternity allowance by reason of being temporarily absent from Northern Ireland for any day if—

(a)the Department has certified that it is consistent with the proper administration of the Act that, subject to the satisfaction of one of the conditions in sub-paragraphs (i) and (ii) below, the disqualification under section 82(5)(a) of the Act should not apply, and either—

(i)the absence is for the specific purpose of being treated for incapacity which commenced before he left Northern Ireland, or

(ii)on the day on which the absence began he was, and had for the past 6 months continuously been, incapable of work and on the day for which benefit is claimed he has remained continuously so incapable since the absence began.

(2) A person shall not be disqualified for receiving invalidity benefit by reason of being absent from Northern Ireland if by virtue of an Order in Council made under section 99 of the former principal Act he would not be disqualified for receiving sickness benefit.

(3) A person who is or has been outside Northern Ireland and who by virtue of an order or Order in Council made under section 134 of the Act(1) or an Order in Council made under section 99 of the former principal Act would, but for the provisions of section 15 of the Act, have been entitled to sickness benefit in respect of any period, shall be entitled to invalidity pension for that period.