Definition
In order to qualify you must have been living in Great Britain for at least 26 full weeks in the past year.
Great Britain means England, Wales and Scotland.
Northern Ireland, the Isle of Man, Jersey and Guernsey have different social security legislation but periods spent there will also count.
Exemptions
The following groups of people are exempt from the 26-week rule-
A member of HM Armed Forces serving abroad (and members of their families who are with them)
Mariners and airmen working abroad
People working on the UK sector of the continental shelf (for example on an oil rig)
People temporarily abroad for treatment.
Periods of residence in some EEC Countries, Liechenstein, Iceland and Norway can also count towards the 26 week rule but you would need to contact your local DWP office to clarify this. We give some further details for people who live abroad
Terminal illness
There is no 26 week rule for people who are terminally ill and do not expect to live longer than the next six months (see our separate section on the special rule for terminal illness for further details)
Babies under six months need only satisfy a three-month period of past presence
For some people who do not pay UK tax on their income the period of past presence is 156 weeks in the past four years- you would need to contact your local DWP office if you think that this may apply to you..
