The Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations 2025
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Change 1
8 Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are amended as follows. (2) In regulation 7 (circumstances in which a person is or is not to be treated as occupying a dwelling as his home)— (a) in paragraph (13D) for “(17C) and (17D)” substitute “(17C), (17D) and (17E)”; (b) after paragraph (17D) insert— (17E) A person who is absent from Great Britain 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, or (ii) arranged the evacuation of British nationals from that country or territory; (b) paragraphs (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 have returned, to Great Britain; and (d) 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 Great Britain, 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. .
8 Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are amended as follows. (2) In regulation 7 (circumstances in which a person is or is not to be treated as occupying a dwelling as his home)— (a) in paragraph (13D) for “(17C) and (17D)” substitute “(17C), (17D) and (17E)”; (b) after paragraph (17D) insert— (17E) A person who is absent from Great Britain 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, or (ii) arranged the evacuation of British nationals from that country or territory; (b) paragraphs (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 have returned, to Great Britain; and (d) 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 Great Britain, 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. .
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