The Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations 2025
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Change 1
6 Amendment of the State Pension Credit Regulations 2002
(1) The State Pension Credit Regulations 2002 are amended as follows. (2) In regulation 3 (persons temporarily absent from Great Britain)— (a) at the end of paragraph (1)(b) omit “or”; (b) in paragraph (1)(c) for the comma substitute “; or”; (c) after paragraph (1)(c) insert— (d) 26 weeks, where paragraph (3A) applies, ; (d) after paragraph (3) insert— (3A) This paragraph applies where— (a) the claimant was present in a country or territory outside Great Britain 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), (b) or (c) applied to the person when the public information was issued or the evacuation began; (c) the Secretary of State is satisfied that it would be unreasonable to expect the claimant to return, or have returned, to Great Britain; 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 Great Britain, the total period of absence where the person is treated as present in Great Britain 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) at the end of paragraph (1A)(c) omit the full stop and insert “; or”; (c) after paragraph (1A)(c) insert— (d) 26 weeks, where paragraph (1D) applies. ; (d) after paragraph (1C) insert— (1D) This paragraph applies where— (a) the person was present in a country or territory outside Great Britain 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 Secretary of State is satisfied that it would be unreasonable to expect the person to return, or have returned, to Great Britain; 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 Great Britain, the total period of absence where the person is treated as being a member of the same household will not exceed 26 weeks. .
6 Amendment of the State Pension Credit Regulations 2002
(1) The State Pension Credit Regulations 2002 are amended as follows. (2) In regulation 3 (persons temporarily absent from Great Britain)— (a) at the end of paragraph (1)(b) omit “or”; (b) in paragraph (1)(c) for the comma substitute “; or”; (c) after paragraph (1)(c) insert— (d) 26 weeks, where paragraph (3A) applies, ; (d) after paragraph (3) insert— (3A) This paragraph applies where— (a) the claimant was present in a country or territory outside Great Britain 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), (b) or (c) applied to the person when the public information was issued or the evacuation began; (c) the Secretary of State is satisfied that it would be unreasonable to expect the claimant to return, or have returned, to Great Britain; 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 Great Britain, the total period of absence where the person is treated as present in Great Britain 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) at the end of paragraph (1A)(c) omit the full stop and insert “; or”; (c) after paragraph (1A)(c) insert— (d) 26 weeks, where paragraph (1D) applies. ; (d) after paragraph (1C) insert— (1D) This paragraph applies where— (a) the person was present in a country or territory outside Great Britain 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 Secretary of State is satisfied that it would be unreasonable to expect the person to return, or have returned, to Great Britain; 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 Great Britain, the total period of absence where the person is treated as being a member of the same household will not exceed 26 weeks. .
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