The Housing Benefit (Habitual Residence) (Amendment) Regulations (Northern Ireland) 2014

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Housing Benefit Regulations (Northern Ireland) 2006 (the 2006 Regulations) in relation to the definition of “person from abroad”.

Under regulation 10 of the 2006 Regulations, a claimant for housing benefit who is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland is a person from abroad and treated as not having a liability to make payments in respect of the dwelling they occupy as the home. However, that regulation also provides that a person in receipt of an income-based jobseeker’s allowance is not a person from abroad.

Regulation 2 amends regulation 10 of the 2006 Regulations so that a person who is in receipt of an income-based jobseeker’s allowance, and whose only right to reside falls within regulation 10(4), is a person from abroad.

Regulation 3 contains a saving provision. The amendment will not apply to a person who is entitled to housing benefit and income-based jobseeker’s allowance on 31st March 2014, until that person ceases to be entitled to that award of jobseeker’s allowance or makes a new claim for housing benefit, whichever is earlier.

These Regulations make only provision corresponding to provision contained in Regulations made by the Secretary of State for Work and Pensions in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, that Act, are not subject to the requirement of section 149(2) for prior reference to the Social Security Advisory Committee.