Explanatory note

These Regulations amend regulation 10 of the Housing Benefit Regulations 2006 (S.I. 2006/213) and apply to individuals claiming housing benefit.

Under regulation 10 of the Housing Benefit Regulations 2006, an individual claiming 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 an individual is not entitled to housing benefit. However, regulation 10(3B) of the Housing Benefit Regulations 2006 specifies circumstances in which an individual is not considered a person from abroad when claiming housing benefit, whether or not they are so habitually resident.

These Regulations amend regulation 10(3B) to ensure that, where an individual is already receiving universal credit, there is no need to consider whether or not they are habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland, when deciding whether they are a person from abroad for the purposes of housing benefit. Any determination as to whether they are habitually resident (or subject to one of the other exceptions from the need to consider whether they are habitually resident), will already have been made when the claim for universal credit was allowed.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary sector or community bodies is foreseen.