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DLA and temp. absence from GB
Hello,
I’ve got stuck with this, my instinct is that I’m wrong, but can’t work out why!
Client gets DLA. Went abroad (outside of EEA) and returned just within 26 week limit. Then a month later went abroad again.
DLA was stopped as soon as she went abroad the second time on basis that she had not been in GB for 26 weeks out of last 52.
Initially I thought that was correct, but looking at the DLA regs I can’t understand why.
Reg 2, para 2 states that you are treated as though you are present in GB if you fit certain categories, including (d) where the absence is both temporary and less than 26 continuous weeks. (p644 in the 2011/12 Sweet & Maxwell)
So doesn’t that mean that when counting how many weeks the person has been present for in the last 52 weeks during any absences that fall under the exemptions in para 2 the person should be “treated as though he was present”.
But that means that you can keep going abroad for 26 weeks as long as you come back to GB for a day in between?
Where have I gone wrong?