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

• Citation: S.I. 2025/884
• Sections: 16

Section 1 Citation, commencement and extent

(1) These Regulations may be cited as the Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations 2025 and come into force on 18th July 2025.

(2) These regulations extend to England and Wales and Scotland, save for Parts 4 and 5 which extend to England and Wales only.

Section 2 Amendment of the Universal Credit Regulations 2013

(1) The Universal Credit Regulations 2013 are amended as follows.

(2) In regulation 9(1) (persons treated as not being in Great Britain), after “(4)” and before “,” 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 Great Britain immediately before His Majesty’s Government—

(aa) provided public information to advise British nationals to leave that country or territory, or

(bb) arranged the evacuation of British nationals from that country or territory;

(ii) has left that country or territory and is present in Great Britain; and

(iii) 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, or

(dd) leave on a discretionary basis outside of rules made under section 3(2) of that Act; or

(zg) 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 Great Britain 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.

Section 3 Amendment of the State Pension Credit Regulations 2002, the Housing Benefit Regulations 2006 and the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

(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 Great Britain immediately before His Majesty’s Government—

(aa) provided public information to advise British nationals to leave that country or territory, or

(bb) arranged the evacuation of British nationals from that country or territory;

(ii) has left that country or territory and is present in Great Britain; and

(iii) 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, or

(dd) leave on a discretionary basis outside of rules made under section 3(2) of that Act; or

(zzg) 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 2002 (persons not in Great Britain) ;

(b) regulation 10(3B) of the Housing Benefit Regulations 2006 (persons from abroad) ; and

(c) regulation 10(4A) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 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 provision specified in paragraph (2)(b) insert—

(3C) Paragraph (3B)(zzf) does not apply after the expiry of 6 months beginning on the day on which the public information issued, or the evacuation is started.

(5) After the provision specified in paragraph (2)(c) insert—

(4B) Paragraph (4A)(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.

Section 4 Amendment of the Income Support (General) Regulations 1987

(1) The Income Support (General) Regulations 1987 are amended as follows.

(2) In regulation 4 (temporary absence from Great Britain)—

(a) at the end of paragraph (1)(b) for the full stop substitute “; and” ;

(b) after paragraph (1)(b) insert—

(c) in the circumstances specified in paragraph (3B), during the first 26 weeks of that period.

(c) after paragraph (3A) insert—

(3B) A claimant’s entitlement to income support is to continue during a temporary absence from Great Britain during the first 26 weeks of the absence if—

(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) or (b) or (3A) 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.

(3C) Where a person is temporarily absent from Great Britain, except where the circumstances in paragraph (3A) apply, the total period of absence where the person is treated as present in Great Britain will not exceed 26 weeks.

Section 5 Amendment of the Jobseeker’s Allowance Regulations 1996

(1) The Jobseeker’s Allowance Regulations 1996 are amended as follows.

(2) In regulation 50 (persons temporarily absent from Great Britain)—

(a) at the end of paragraph (1)(b) for the full stop substitute “; and” ;

(b) after paragraph (1)(b) insert—

(c) not exceeding 26 weeks in the circumstances specified in paragraph (5A).

(c) after paragraph (5) insert—

(5A) The circumstances specified in this paragraph are that—

(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) 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 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.

(d) After paragraph (6D) insert—

(6E) Where a person is temporarily absent from Great Britain, except where the circumstances in paragraphs (6AA), (6A) or (6C) apply, the total period of absence where the person is treated as present in Great Britain will not exceed 26 weeks.

Section 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.

Section 7 Amendment of the Housing Benefit Regulations 2006

(1) The Housing Benefit 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.

Section 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.

Section 9 Amendment of the Employment and Support Allowance Regulations 2008

(1) The Employment and Support Allowance Regulations 2008 are amended as follows.

(2) In regulation 151 (absence from Great Britain), after paragraph (1) insert—

(1A) Where a person is temporarily absent from Great Britain, except where the circumstances in regulations 154 or 155 apply, the total period of temporary absence where the claimant is treated as present in Great Britain will not exceed 26 weeks.

(3) After regulation 155 (absence of member of family of member of Her Majesty's forces) insert—

Absence where His Majesty’s Government provides public information to advise British nationals to leave a country or territory or arranges the evacuation of British nationals from that country or territory

(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 Great Britain if—

(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) any of regulations 152 to 155 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.

Section 10 Amendment of the Universal Credit Regulations 2013

(1) The Universal Credit Regulations 2013 are amended as follows.

(2) In regulation 11 (temporary absence from Great Britain)—

(a) in paragraph (1)(b)(ii) for “.” substitute “, or” ;

(b) after paragraph (1)(b)(ii) insert—

(iii) paragraph (4A) applies.

(c) after paragraph (4) insert—

(4A) 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) paragraphs (1)(a), (b)(i), (b)(ii) or (2) 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 person to return, or to 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.

(4B) Where a person is temporarily absent from Great Britain, the total period of absence disregarded in determining whether they meet the basic condition to be in Great Britain will not exceed 6 months.

Section 11 Amendment of the Jobseeker’s Allowance Regulations 2013

(1) The Jobseeker’s Allowance Regulations 2013 are amended as follows.

(2) In regulation 41 (persons temporarily absent from Great Britain)—

(a) at the end of paragraph (1)(b) for “.” substitute “; or” ;

(b) after paragraph (1)(b) insert—

(c) not exceeding 26 weeks in the circumstances specified in paragraph (6A).

(c) after paragraph (6) insert—

(6A) The circumstances in this paragraph are that—

(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) or (b), (2), (4), (5) or (6) applied to the claimant 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.

(6B) Where a person is temporarily absent from Great Britain, except where the circumstances in paragraph (5) apply, the total period of absence where the person is treated as present in Great Britain will not exceed 6 months.

Section 12 Amendment of the Employment and Support Allowance Regulations 2013

(1) The Employment and Support Allowance Regulations 2013 are amended as follows.

(2) In regulation 88 (absence from Great Britain)—

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

(b) after sub-paragraph (1) insert—

(1A) Where a claimant is temporarily absent from Great Britain, except where the circumstances in regulations 91 or 92 apply, the total period of absence where the claimant is treated as present in Great Britain will not exceed 26 weeks.

(3) After regulation 92 (absence of member of family of member of Her Majesty’s forces) insert—

Absence where His Majesty’s Government provides public information to advise British nationals to leave a country or territory or arranges the evacuation of British nationals from a country or territory

(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 Great Britain if—

(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) any of regulations 88 to 92 applied to the claimant 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.

Section 13 Amendment of the Social Security (Invalid Care Allowance) Regulations 1976, the Social Security (Attendance Allowance) Regulations 1991 and the Social Security (Disability Living Allowance) Regulations 1991

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

(a) at the end of sub-paragraph (1)(g) omit “or”;

(b) at the end of sub-paragraph (1)(h) for “.” substitute “;” ;

(c) after sub-paragraph (1)(h) insert—

(i) met conditions A to D.

Condition A

The person was residing in a country or territory outside Great Britain immediately before His Majesty’s Government—

provided public information to advise British nationals to leave that country or territory, or

arranged the evacuation of British nationals from that country or territory.

Condition B

The person has left that country or territory.

Condition C

The person arrived in Great Britain in the first 26 weeks beginning on the day on which the public information is issued, or the evacuation is started.

Condition D

The person—

has a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971,

does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act,

has leave to enter or remain in the United Kingdom in accordance with immigration rules made under section 3(2) of that Act, or

has leave on a discretionary basis outside of rules made under section 3(2) of that Act; or

(j) 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) of this regulation applies, it will apply for 130 weeks beginning on the day on which 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 beginning on the day on which 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 1976 (refugees and certain persons with leave to enter and remain in the United Kingdom) ;

(b) regulation 2C of the Social Security (Attendance Allowance) Regulations 1991 (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 1991 (refugees and certain persons with leave to enter and remain in the United Kingdom) .

Section 14 Amendment of the Social Security (Personal Independence Payment) Regulations 2013

(1) The Social Security (Personal Independence Payment) Regulations 2013 are amended as follows.

(2) In regulation 23A(1) (refugees and certain persons with leave to enter or remain in the United Kingdom)—

(a) at the end of sub-paragraph (g) omit “or”;

(b) at the end of sub-paragraph (h) for “.” substitute “;” ;

(c) after sub-paragraph (h) insert—

(i) met conditions A to D.

Condition A

The person was residing in a country or territory outside Great Britain immediately before His Majesty’s Government—

provided public information to advise British nationals to leave that country or territory, or

arranged the evacuation of British nationals from that country or territory.

Condition B

The person has left that country or territory.

Condition C

The person arrived in Great Britain in the first 26 weeks beginning on the day on which the public information is issued, or the evacuation is started.

Condition D

The person—

has a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971,

does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act,

has leave to enter or remain in the United Kingdom in accordance with immigration rules made under section 3(2) of that Act, or

has leave on a discretionary basis outside of rules made under section 3(2) of that Act; or

(j) 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.

(3) 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.

Section 15 Amendment of the Social Security (Personal Independence Payment) Regulations 2013

In the Social Security (Personal Independence Payment) Regulations 2013, after regulation 18 (absence from Great Britain to receive medical treatment) insert—

Absence where His Majesty’s Government provides public information to advise British nationals to leave a country or territory or arranges the evacuation of British nationals from a country or territory

(18A)

(1) Where C is temporarily absent from Great Britain, C is treated as present in Great Britain 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 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 C to return, or have returned, to Great Britain; and

(c) 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 in regulation 17(2).

Time limits on absences where the claimant is treated as being in Great Britain

(18B) Where a person is temporarily absent from Great Britain 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 Great Britain will not exceed 26 weeks.

Section 16 Amendment of the Social Security (Attendance Allowance) Regulations 1991 and the Social Security (Disability Living Allowance) Regulations 1991

(1) In paragraph (3BA) of the provision specified in paragraph (5)(b), for “and (3B)” substitute “, (3B) and (3D)” .

(2) In paragraph (3C) of the provisions specified in paragraph (5), for “and (3B)” substitute “, (3B) and (3D)” .

(3) After paragraph (3C) of the provision specified in paragraph (5)(a), insert—

(3D) Where a person is temporarily absent from Great Britain, he is treated as present in Great Britain 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 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 to 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.

(3E) Where a person is temporarily absent from Great Britain in the circumstances specified in paragraphs (2)(d), (3B) or (3D), the total period of an absence where the person is treated as present in Great Britain will not exceed 26 weeks.

(4) After paragraph (3C) of the provision specified in paragraph (5)(b), insert—

(3D) Where a person is temporarily absent from Great Britain, he is treated as present in the relevant area 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 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 to 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.

(3E) Where a person is temporarily absent from Great Britain in the circumstances specified in paragraphs (2)(d), (3B) or (3D), the total period of an absence where the person is treated as present in Great Britain will not exceed 26 weeks.

(5) These provisions are—

(a) regulation 2 of the Social Security (Attendance Allowance) Regulations 1991 (conditions as to residence and presence in Great Britain); and

(b) regulation 2 of the Social Security (Disability Living Allowance) Regulations 1991 (conditions as to residence and presence in Great Britain).