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The Housing Benefit (Habitual Residence) Amendment Regulations 2014
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- UK Statutory Instruments
- 2014 No. 539
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EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the Housing Benefit Regulations 2006 in relation to the definition of “person from abroad”.
Under regulation 10 of those 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. As a result, such a person is not entitled to housing benefit. However, under regulation 10(3B), a person in receipt of an income-based jobseeker’s allowance is not a person from abroad.
Regulation 2 of these Regulations amends regulation 10(3B) 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(3A) 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.
An assessment of the impact of these Regulations has been made. A copy of the impact assessment is available alongside the instrument on www.legislation.gov.uk.
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