The Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations (Northern Ireland) 2025

Made: 18th July 2025

Coming into operation: 19th July 2025

Regulation 2, in so far as it relates to the provisions referred to in paragraph (2)(b) and (c) of that regulation, and regulations 7 and 8 are made with the consent of the Department of Finance[^f00008].

PART 1 — PRELIMINARY

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations (Northern Ireland) 2025 and shall come into operation on 19th July 2025.

• (2) The Interpretation Act (Northern Ireland) 1954[^f00009] shall apply to these Regulations as it applies to an Act of the Assembly.

PART 2 — AMENDMENTS TO THE HABITUAL RESIDENCE TEST FOR INCOME-RELATED BENEFITS

Amendment of the State Pension Credit Regulations, the Housing Benefit Regulations and the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations

2

• (1) In the provisions specified in paragraph (2) after sub-paragraph (zze)[^f00010] insert—

(zzf) a person who— (i) was residing in a country or territory outside Northern Ireland immediately before His Majesty’s Government— (aa) provided public information to advise British nationals to leave that country or territory, or (bb) arranged the evacuation of British nationals from that country or territory; (ii) has left that country or territory and is present in Northern Ireland; and (iii) has— (aa) a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971[^f00011], (bb) no requirement of leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act[^f00012], (cc) leave to enter or remain in the United Kingdom in accordance with immigration rules made under section 3(2) of that Act, or (dd) leave on a discretionary basis outside of rules made under section 3(2) of that Act; or (zzg) a person who, as part of a safe and legal humanitarian immigration route, has leave to enter or remain in the United Kingdom in accordance with immigration rules made under section 3(2) of the Immigration Act 1971 or leave on a discretionary basis outside of rules;

• (2) Those provisions are—

• (a) regulation 2(4) of the State Pension Credit Regulations (Northern Ireland) 2003[^f00013] (persons not in Northern Ireland);

• (b) regulation 10(5) of the Housing Benefit Regulations (Northern Ireland) 2006[^f00014] (persons from abroad);

• (c) regulation 10(5) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006[^f00015] (persons from abroad).

• (3) After the provision specified in paragraph (2)(a) insert—

(4A) Paragraph (4)(zzf) does not apply after the expiry of 6 months beginning on the day on which the public information is issued, or the evacuation is started.

• (4) After the provisions specified in paragraph (2)(b) and (2)(c) insert—

(5A) Paragraph (5)(zzf) does not apply after the expiry of 6 months beginning on the day on which the public information is issued, or the evacuation is started.

Amendment of the Universal Credit Regulations

3

• (1) The Universal Credit Regulations (Northern Ireland) 2016[^f00016] are amended in accordance with paragraphs (2) to (4).

• (2) In regulation 9(1) (persons treated as not being in Northern Ireland) after “paragraph (4)” insert “and subject to paragraph (4A),”.

• (3) In regulation 9(4) after sub-paragraph (ze) insert—

(zf) a person who— (i) was residing in a country or territory outside Northern Ireland immediately before His Majesty’s Government— (aa) provided public information to advise British nationals to leave that country or territory, or (bb) arranged the evacuation of British nationals from that country or territory; (ii) has left that country or territory and is present in Northern Ireland; and (iii) has— (aa) a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971, (bb) no requirement of leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act, (cc) leave to enter or remain in the United Kingdom in accordance with immigration rules made under section 3(2) of that Act, or (dd) leave on a discretionary basis outside of rules made under section 3(2) of that Act, or (zg) a person who, as part of a safe and legal humanitarian immigration route, has leave to enter or remain in the United Kingdom in accordance with immigration rules made under section 3(2) of the Immigration Act 1971 or leave on a discretionary basis outside of rules,

• (4) After regulation 9(4) insert—

(4A) A person who falls within paragraph (4)(zf) will be treated as a person in Northern Ireland in the circumstances specified in paragraph (1) for 6 months beginning on the day on which the public information is issued, or the evacuation is started.

PART 3 — AMENDMENTS TO THE TEMPORARY ABSENCE RULES FOR INCOME-RELATED AND CONTRIBUTORY BENEFITS

Amendment of the Income Support Regulations 1987

4

In regulation 4 of the Income Support (General) Regulations (Northern Ireland) 1987[^f00017] (temporary absence from Northern Ireland)—

• (a) after paragraph 1(b) add—

and (c) in the circumstances specified in paragraph (3B), during the first 26 weeks of that period.

• (b) after paragraph (3A) add—

(3B) A claimant’s entitlement to income support is to continue during a temporary absence from Northern Ireland during the first 26 weeks of the absence if– (a) the claimant was present in a country or territory outside Northern Ireland immediately before His Majesty’s Government— (i) provided public information to advise British nationals to leave that country or territory, or (ii) arranged the evacuation of British nationals from that country or territory; (b) paragraphs (1)(a) or (b) or (3A) applied to the claimant when the public information was issued or the evacuation began; (c) the Department is satisfied that it would be unreasonable to expect the claimant to return, or to have returned, to Northern Ireland; and (d) the claimant 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. (3C) Where a person is temporarily absent from Northern Ireland, except where the circumstances in paragraph (3A) apply, the total period of absence where the person is treated as present in Northern Ireland will not exceed 26 weeks.

Amendment of the Jobseeker’s Allowance Regulations 1996

5

In regulation 50 of the Jobseeker’s Allowance Regulations (Northern Ireland) 1996[^f00018] (persons temporarily absent from Northern Ireland)—

• (a) after paragraph (1)(b) add—

and (c) not exceeding 26 weeks in the circumstances specified in paragraph (5A).

• (b) after paragraph (5) insert—

(5A) The circumstances specified in this paragraph are that— (a) the claimant was present in a country or territory outside Northern Ireland immediately before His Majesty’s Government— (i) provided public information to advise British nationals to leave that country or territory, or (ii) arranged the evacuation of British nationals from that country or territory; (b) paragraph (1)(a) or (b), (6), (6AA), (6A), (6B), (6C) or (6D) applied to the person when the public information was issued or the evacuation began; (c) the Department is satisfied that it would be unreasonable to expect the claimant to return, or to have returned, to Northern Ireland; and (d) the claimant 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.

• (c) after paragraph (6D)[^f00019] insert—

(6E) Where a person is temporarily absent from Northern Ireland, except where the circumstances in paragraph (6AA), (6A) or (6C) apply, the total period of absence where the person is treated as present in Northern Ireland will not exceed 26 weeks.

Amendment of the State Pension Credit Regulations 2003

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• (1) The State Pension Credit Regulations (Northern Ireland) 2003 are amended in accordance with paragraphs (2) and (3).

• (2) In regulation 3[^f00020] (persons temporarily absent from Northern Ireland)—

• (a) at the end of paragraph (1)(b) omit “or”;

• (b) after paragraph (1)(c) insert—

or (d) 26 weeks, where paragraph (3A) applies,

• (c) after paragraph (3) insert—

(3A) This paragraph applies where— (a) the claimant was present in a country or territory outside Northern Ireland immediately before His Majesty’s Government— (i) provided public information to advise British nationals to leave that country or territory, or (ii) arranged the evacuation of British nationals from that country or territory; (b) paragraph (1)(a), (b) or (c) applied to the person when the public information was issued or the evacuation began; (c) the Department is satisfied that it would be unreasonable to expect the claimant to return, or to have returned, to Northern Ireland; and (d) the claimant 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. (3B) Where a person is temporarily absent from Northern Ireland, the total period of absence where the person is treated as present in Northern Ireland will not exceed 26 weeks.

• (3) In regulation 5[^f00021] (persons treated as being or not being members of the same household)—

• (a) at the end of paragraph (1A)(b) omit “or”;

• (b) after paragraph (1A)(c) add—

or (d) 26 weeks, where paragraph (1D) applies.

• (c) after paragraph (1C) insert—

(1D) This paragraph applies where— (a) the person was present in a country or territory outside Northern Ireland immediately before His Majesty’s Government— (i) provided public information to advise British nationals to leave that country or territory; or (ii) arranged the evacuation of British nationals from that country or territory; (b) the Department is satisfied that it would be unreasonable to expect the claimant to return, or to have returned, to Northern Ireland; and (c) the person 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. (1E) Where a person is temporarily absent from Northern Ireland, the total period of absence where the person is treated as being a member of the same household will not exceed 26 weeks.

Amendment of the Housing Benefit Regulations 2006

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In regulation 7[^f00022] of the Housing Benefit Regulations (Northern Ireland) 2006 (circumstances in which a person is or is not to be treated as occupying a dwelling as his home)—

• (a) in paragraph (13D) for “and (17D)” substitute “, (17D) and (17E)”;

• (b) after paragraph (17D) insert—

(17E) A person who is absent from Northern Ireland is treated as occupying the main dwelling as his home during the first 26 weeks of the absence if— (a) the person was present in a country or territory immediately before His Majesty’s Government— (i) provided public information to advise British nationals to leave that country or territory, or (ii) arranged the evacuation of British nationals from that country or territory; (b) paragraph (13A), (13D), (13E), (13G), (17A), (17C) or (17D) applied to the person when the public information was issued or the evacuation began; (c) the relevant authority is satisfied that it would be unreasonable to expect the person to return, or to have returned, to Northern Ireland; and (d) the person 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. (17F) Where a person is temporarily absent from Northern Ireland, except where the circumstances in paragraph (17A) apply, the total period of absence where the person is treated as occupying the main dwelling as his home will not exceed 26 weeks.

Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

8

In regulation 7[^f00023] of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 (circumstances in which a person is or is not to be treated as occupying a dwelling as his home)—

• (a) in paragraph (13D) for “and (17D)” substitute “, (17D) and (17E)”;

• (b) after paragraph (17D) insert—

(17E) A person who is absent from Northern Ireland is treated as occupying the main dwelling as his home during the first 26 weeks of the absence if— (a) the person was present in a country or territory immediately before His Majesty’s Government— (i) provided public information to advise British nationals to leave that country or territory, or (ii) arranged the evacuation of British nationals from that country or territory; (b) paragraph (13A), (13D), (13E), (13G), (17A), (17C) or (17D) applied to the person when the public information was issued or the evacuation began; (c) the relevant authority is satisfied that it would be unreasonable to expect the person to return, or to have returned, to Northern Ireland; and (d) the person 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. (17F) Where a person is temporarily absent from Northern Ireland, except where the circumstances in paragraph (17A) apply, the total period of absence where the person is treated as occupying the main dwelling as his home will not exceed 26 weeks.

Amendment of the Employment and Support Allowance Regulations 2008

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• (1) The Employment and Support Allowance Regulations (Northern Ireland) 2008[^f00024] are amended in accordance with paragraphs (2) and (3).

• (2) In regulation 151 (absence from Northern Ireland), after paragraph (1) insert—

(1A) Where a claimant is temporarily absent from Northern Ireland, except where the circumstances in regulation 154 or 155 apply, the total period of temporary absence where the claimant is treated as present in Northern Ireland will not exceed 26 weeks.

• (3) After regulation 155[^f00025] (absence of member of family of member of Her Majesty’s forces) insert—

(155A) A claimant is to continue to be entitled to an employment and support allowance during the first 26 weeks of a temporary absence from Northern Ireland if— (a) the claimant was present in a country or territory outside Northern Ireland immediately before His Majesty’s Government— (i) provided public information to advise British nationals to leave that country or territory, or (ii) arranged the evacuation of British nationals from that country or territory; (b) any of regulations 152 to 155 applied to the person when the public information was issued or the evacuation began; (c) the Department is satisfied that it would be unreasonable to expect the claimant to return, or to have returned, to Northern Ireland; and (d) the claimant 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.

Amendment of the Universal Credit Regulations 2016

10

In regulation 11 of the Universal Credit Regulations (Northern Ireland) 2016 (temporary absence from Northern Ireland)—

• (a) after paragraph (1)(b)(ii) insert—

or (iii) paragraph (4A) applies.

• (b) after paragraph (4) insert—

(4A) This paragraph applies where— (a) the person was present in a country or territory outside Northern Ireland immediately before His Majesty’s Government— (i) provided public information to advise British nationals to leave that country or territory, or (ii) arranged the evacuation of British nationals from that country or territory; (b) paragraph (1)(a), (b)(i), (b)(ii) or (2) applied to the person when the public information was issued or the evacuation began; (c) the Department is satisfied that it would be unreasonable to expect the person to return, or to have returned, to Northern Ireland; and (d) the person 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. (4B) Where a person is temporarily absent from Northern Ireland, the total period of absence disregarded in determining whether they meet the basic condition to be in Northern Ireland will not exceed 6 months.

Amendment of the Jobseeker’s Allowance Regulations 2016

11

In regulation 40 of the Jobseeker’s Allowance Regulations (Northern Ireland) 2016[^f00026] (persons temporarily absent from Northern Ireland)—

• (a) after paragraph (1)(b) add—

or (c) not exceeding 26 weeks in the circumstances specified in paragraph (6A).

• (b) after paragraph (6) insert—