The Social Security (Persons from Abroad) Amendment Regulations 2006

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Council Tax Benefit Regulations 2006 (S.I. 2006/215), the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (S.I. 2006/216), the Housing Benefit Regulations 2006 (S.I. 2006/213), the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (S.I. 2006/214), the Income Support (General) Regulations 1987 (S.I. 1987/1967), the Jobseeker’s Allowance Regulations 1996 (S.I. 1996/207) and the State Pension Credit Regulations 2002 (S.I. 2002/1792) (“the income-related benefit regulations”). These Regulations also amend the Social Fund Maternity and Funeral Expenses (General) Regulations 2005 (S.I. 2005/3061) (“the social fund regulations”).

The amendments are made in consequence of Council Directive No. 2004/38/EC (OJ L 158, 30.4.04, p. 77) (“the Directive”), the provisions of which are to be transposed by the Immigration (European Economic Area) Regulations 2006 (S.I. 2006/1003).

The income-related benefit regulations provide that a claimant is ineligible for benefit where he or she is a “person from abroad”, that is to say where he or she is not habitually resident in the United Kingdom, Channel Islands, Isle of Man or Republic of Ireland. A person who does not have a right to reside in the United Kingdom, Channel Islands, Isle of Man or Republic of Ireland cannot be treated as habitually resident. These Regulations: (a) restate more simply the definition of “person from abroad”; (b) set out afresh the categories of persons who are excluded from that definition so as to reflect the terms of the Directive; and (c) modify the right to reside requirement in the habitual residence test to take account of Article 24(2) of the Directive.

Article 24(2) provides that member States are not obliged to confer entitlement to social assistance during the first three months of residence or, in a case where persons enter the host member State in order to seek employment, for any longer period in which they can show that they are continuing to seek employment and that they have a genuine chance of being engaged. The Regulations apply Article 24(2) by providing that where a person’s right of residence is of a specified type, he or she is not to be treated as habitually resident for the purpose of entitlement to income support, jobseeker’s allowance, housing benefit, council tax benefit and state pension credit.

The Regulations also amend the social fund regulations to update the terminology there to reflect the Directive. They also add Switzerland to the list of places where a funeral can take place for the purposes of the social fund regulations.

Regulation 10 ensures that a national of Norway, Iceland, Liechtenstein or Switzerland is treated as a national of a member State in certain circumstances.

Regulation 11 revokes redundant amending Regulations while preserving relevant transitional and savings provisions.

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.