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

Contents

Part 1 · Preliminary

1Citation, commencement and interpretation#

(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 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

2Amendment 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#

(1)In the provisions specified in paragraph (2) after sub-paragraph (zze) 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, orbb arranged the evacuation of British nationals from that country or territory;ii has left that country or territory and is present in Northern Ireland; andiii 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, ordd leave on a discretionary basis outside of rules made under section 3(2) of that Act; orzzg 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 (persons not in Northern Ireland);

(b)regulation 10(5) of the Housing Benefit Regulations (Northern Ireland) 2006 (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 (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.”

3Amendment of the Universal Credit Regulations#

(1)The Universal Credit Regulations (Northern Ireland) 2016 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, orbb arranged the evacuation of British nationals from that country or territory;ii has left that country or territory and is present in Northern Ireland; andiii 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, ordd leave on a discretionary basis outside of rules made under section 3(2) of that Act, orzg 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

4Amendment of the Income Support Regulations 1987#

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

(a)after paragraph 1(b) add—“andc 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, orii 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; andd 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.”

5Amendment of the Jobseeker’s Allowance Regulations 1996#

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

(a)after paragraph (1)(b) add—“andc 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, orii 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; andd 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) 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.”

6Amendment of the State Pension Credit Regulations 2003#

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

(2)In regulation 3 (persons temporarily absent from Northern Ireland)—

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

(b)after paragraph (1)(c) insert—“ord 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, orii 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; andd 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 (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—“ord 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; orii 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; andc 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.”

7Amendment of the Housing Benefit Regulations 2006#

In regulation 7 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, orii 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; andd 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.”

8Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006#

In regulation 7 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)”;

9Amendment of the Employment and Support Allowance Regulations 2008#

(1)The Employment and Support Allowance Regulations (Northern Ireland) 2008 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 (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, orii 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; andd 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.”

10Amendment of the Universal Credit Regulations 2016#

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

(a)after paragraph (1)(b)(ii) insert—“oriii 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, orii 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; andd 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.”

11Amendment of the Jobseeker’s Allowance Regulations 2016#

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

(a)after paragraph (1)(b) add—“orc not exceeding 26 weeks in the circumstances specified in paragraph (6A).”

(b)after paragraph (6) insert—“6A The circumstances 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, orii arranged the evacuation of British nationals from that country or territory;b paragraph (1)(a) or (b), (2), (4), (5) or (6) 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; andd the claimant did not enter that country or territory when His Majesty’s Government public information was to advise British nationals to leave that country or territory.6B Where a person is temporarily absent from Northern Ireland, except where the circumstances in paragraph (5) apply, the total period of absence where the person is treated as present in Northern Ireland will not exceed 6 months.”

12Amendment of the Employment and Support Allowance Regulations 2016#

(1)The Employment and Support Allowance Regulations (Northern Ireland) 2016 are amended in accordance with paragraphs (2) and (3).

(2)In regulation 88 (absence from Northern Ireland)—

(a)in sub-paragraph (1) for “92” substitute “92A”;

(b)after sub-paragraph (1) insert—“1A Where a claimant is temporarily absent from Northern Ireland, except where the circumstances in regulation 91 or 92 apply, the total period of absence where the claimant is treated as present in Northern Ireland will not exceed 26 weeks.”

(3)After regulation 92 (absence of member of family of member of Her Majesty’s forces) insert—“92A 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, orii arranged the evacuation of British nationals from that country or territory;b any of regulations 88 to 92 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; andd 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.”

Part 4 · Amendments to the past presence test and habitual residence test for disability and carer benefits

13Amendment of the Social Security (Invalid Care Allowance) Regulations, the Social Security (Attendance Allowance) Regulations and the Social Security (Disability Living Allowance) Regulations#

(1)In the provisions specified in paragraph (4)—

(a)after sub-paragraph (1)(g) omit “or”;

(b)after sub-paragraph (1)(h) add—“i met conditions A to D.• Condition AThe person was residing in a country or territory outside Northern Ireland immediately before His Majesty’s Government—(a) provided public information to advise British nationals to leave that country or territory, or(b) arranged the evacuation of British nationals from that country or territory.• Condition BThe person has left that country or territory.• Condition CThe person arrived in Northern Ireland in the first 26 weeks beginning on the day on which the public information is issued, or the evacuation is started.• Condition DThe person—(a) has a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971,(b) does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act,(c) has leave to enter or remain in the United Kingdom in accordance with immigration rules made under section 3(2) of that Act, or(d) has leave on a discretionary basis outside of rules made under section 3(2) of that Act; orj as part of a safe and legal humanitarian immigration route, 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)In the provisions specified in paragraphs (4)(a) and (b), after paragraph (1A) insert—“1B Where paragraph 1(i) applies, it will apply for 130 weeks starting from the day the public information is issued or the evacuation is started.”

(3)In the provision specified in paragraph (4)(c), after paragraph (1A) insert—“1B Where paragraph 1(i) applies, it will apply for the following periods starting from the day the public information is issued or the evacuation is started—a no more than 130 weeks for persons aged 16 years and over;b no more than 52 weeks for persons aged between 6 months and under 16 years;c no more than 39 weeks for persons aged under 6 months.”

(4)Those provisions are—

(a)regulation 9C of the Social Security (Invalid Care Allowance) Regulations (Northern Ireland) 1976 (refugees and certain persons with leave to enter or remain in the United Kingdom);

(b)regulation 2C of the Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992 (refugees and certain persons with leave to enter or remain in the United Kingdom);

(c)regulation 2C of the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992 (refugees and certain persons with leave to enter or remain in the United Kingdom).

14Amendment of the Personal Independence Payment Regulations#

(1)In regulation 23A(1) of the Personal Independence Payment Regulations (Northern Ireland) 2016 (refugees and certain persons with leave to enter or remain in the United Kingdom)—

(a)after sub-paragraph (g) omit “or”;

(b)after sub-paragraph (h) add—“ori met conditions A to D.• Condition AThe person was residing in a country or territory outside Northern Ireland immediately before His Majesty’s Government—(a) provided public information to advise British nationals to leave that country or territory, or(b) arranged the evacuation of British nationals from that country or territory.• Condition BThe person has left that country or territory.• Condition CThe person arrived in Northern Ireland in the first 26 weeks beginning on the day on which the public information is issued, or the evacuation is started.• Condition DThe person—(a) has a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971,(b) does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act,(c) has leave to enter or remain in the United Kingdom in accordance with immigration rules made under section 3(2) of that Act, or(d) has leave on a discretionary basis outside of rules made under section 3(2) of that Act; orj as part of a safe and legal humanitarian immigration route, 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)In regulation 23A, after paragraph (1A) insert—“1B Where paragraph 1(i) applies, it will apply for 130 weeks beginning on the day on which the public information is issued, or the evacuation is started.”

Part 5 · Amendments to the temporary absence rules for disability benefits

15Amendment of the Social Security (Attendance Allowance) Regulations#

In regulation 2 of the Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992 (conditions as to residence and presence in Northern Ireland)—

(a)in paragraph (6) for “and (5)” substitute “, (5) and (7)”;

(b)after paragraph (6) add—“7 Where a person is temporarily absent from Northern Ireland, he is treated as present in Northern Ireland for the purposes of paragraph (1)(a)(ii) and (iii) for the first 26 weeks of that absence, where—a that 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, orii arranged the evacuation of British nationals from that country or territory;b the Department is satisfied that it would be unreasonable to expect the person to return, or to have returned, to Northern Ireland; andc 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.8 Where a person is temporarily absent from Northern Ireland in the circumstances specified in paragraph (2)(d), (5) or (7), the total period of an absence where the person is treated as present in Northern Ireland will not exceed 26 weeks.”

16Amendment of the Social Security (Disability Living Allowance) Regulations#

In regulation 2 of the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992 (conditions as to residence and presence in Northern Ireland)—

(a)in paragraph (2C) for “and (2B)” substitute “, (2B) and (2D);

(b)after paragraph (2C) insert—“2D Where a person is temporarily absent from Northern Ireland, he is treated as present in Northern Ireland for the purposes of paragraph (1)(a)(ii) and (iii) for the first 26 weeks of that absence, where—a that 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, orii arranged the evacuation of British nationals from that country or territory;b the Department is satisfied that it would be unreasonable to expect the person to return, or to have returned, to Northern Ireland; andc 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.2E Where a person is temporarily absent from Northern Ireland in the circumstances specified in paragraph (2)(d), (2B) or (2D), the total period of an absence where the person is treated as present in Northern Ireland will not exceed 26 weeks.”

17Amendment of the Personal Independence Payment Regulations#

After regulation 18 of the Personal Independence Payment Regulations (Northern Ireland) 2016 (absence from Northern Ireland to receive medical treatment) insert—“18A 1 Where C is temporarily absent from Northern Ireland, C is treated as present in Northern Ireland for the purposes of regulation 16(a) and (b) during the first 26 weeks of that absence, where—a C 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, orii arranged the evacuation of British nationals from that country or territory;b the Department is satisfied that it would be unreasonable to expect C to return, or to have returned, to Northern Ireland; andc C 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.2 In this regulation, “temporarily absent” has the same meaning as regulation in 17(2).18B Where a person is temporarily absent from Northern Ireland in the circumstances specified in regulation 17(1), 18(1) or 18A(1), the total period of an absence where C is treated as present in Northern Ireland will not exceed 26 weeks.”

Contains public sector information licensed under the Open Government Licence v3.0.