Regulation 10 Persons from abroadI1C1
Northern Ireland
A person from abroad who is liable to make payments in respect of a dwelling shall be treated as if he were not so liable but this paragraph shall not have effect in respect of a person to whom and for a period to which regulation 10A (entitlement of a refugee to housing benefit) and Schedule A1f1 (treatment of claims for housing benefit by refugees) apply.
In paragraph (1), “person from abroad” means, subject to the following provisions of this regulation, a person who is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland.
No person shall be treated as habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland unless he has a right to reside in (as the case may be) the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland other than a right to reside which falls within paragraph (4) F1or (4A).
A right to reside falls within this paragraph if it is one which exists by virtue of, or in accordance with, one or more of the following—
regulation 13 of the F2Immigration (European Economic Area) Regulations 2016;
regulation 14 of those Regulations, but only in a case where the right exists under that regulation because the person is—
a jobseeker for the purpose of the definition of “qualified person” in regulation 6(1) of those Regulations, or
a family member (within the meaning of regulation 7 of those Regulations) of such a jobseeker; F3or
regulation 16 of those Regulations, but only in a case where the right exists under that regulation because the person satisfies the criteria in paragraph (5) of that regulation;
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A right to reside falls within this paragraph if it is one which exists by virtue of a person having been granted limited leave to enter, or remain in, the United Kingdom under the Immigration Act 1971 by virtue of—
Appendix EU to the immigration rules made under section 3(2) of that Act; F7...
being a person with a Zambrano right to reside as defined in Annex 1 of Appendix EU to the immigration rules made under section 3(2) of that Act F8; or
having arrived in the United Kingdom with an entry clearance that was granted under Appendix EU (Family Permit) to the immigration rules made under section 3(2) of that Act.
Paragraph (4A)(a) does not apply to a person who —
has a right to reside granted by virtue of being a family member of a person of a relevant person of Northern Ireland; and
would have a right to reside under the Immigration (European Economic Area) Regulations 2016 if the relevant person of Northern Ireland were an EEA national, provided that the right to reside does not fall within paragraph (3A).
A person is not a person from abroad if he is—
a person granted leave in accordance with the immigration rules made under section 3(2) of the Immigration Act 1971, where such leave is granted by virtue of—
the Afghan Relocations and Assistance Policy; or
the previous scheme for locally-employed staff in Afghanistan (sometimes referred to as the ex-gratia scheme);
a person in Northern Ireland not coming within sub-paragraph (zza) or F11(h) who left Afghanistan in connection with the collapse of the Afghan government that took place on 15th August 2021;
a person in Northern Ireland who was residing in Ukraine immediately before 1st January 2022, left Ukraine in connection with the Russian invasion which took place on 24th February 2022 and—
has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971, F13...
has a right of abode in the United Kingdom within the meaning given in section 2 of that Act; F14or
does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act;
a person who was residing in Sudan before 15th April 2023, left Sudan in connection with the violence which rapidly escalated on 15th April 2023 in Khartoum and across Sudan and—
has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971;
has a right of abode in the United Kingdom within the meaning given in section 2 of that Act; or
does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act;
a person who was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7th October 2023, who left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7th October 2023 or the violence which rapidly escalated in the region following the attack and—
has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971;
has a right of abode in the United Kingdom within the meaning given in section 2 of that Act; or
does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act;
a person who—
was residing in a country or territory outside Northern Ireland 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;
has left that country or territory and is present in Northern Ireland; and
has—
a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971,
no requirement of leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act,
leave to enter or remain in the United Kingdom in accordance with immigration rules made under section 3(2) of that Act, or
leave on a discretionary basis outside of rules made under section 3(2) of that Act; or
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;
a qualified person for the purposes of regulation 6 of the F20Immigration (European Economic Area) Regulations 2016 as a worker or a self-employed person;
a family member of a person referred to in sub-paragraph (za) F21...;
a person who has a right to reside permanently in the United Kingdom by virtue of regulation 15(1)(c), (d) or (e) of those Regulations;
a family member of a relevant person of Northern Ireland with a right to reside which falls within paragraph (4A)(a), provided that the relevant person of Northern Ireland falls within sub-paragraph (za), or would do so but for the fact that they are not an EEA national
a frontier worker within the meaning of regulation 3 of the Citizens' Rights (Frontier Workers) (EU Exit) Regulations 2020;
a family member of a person referred to in sub-paragraph (ze), who has been granted limited leave to enter, or remain in, the United Kingdom by virtue of Appendix EU to the immigration rules made under section 3(2) of the Immigration Act 1971;
a refugee;
a person who has been granted leave or who is deemed to have been granted leave outside the rules made under section 3(2) of the Immigration Act 1971 F25...;
a person who has humanitarian protection granted under those rules;
a person who is not a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act and who is in the United Kingdom as a result of his deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom; F26...
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in receipt of income support, an income-related employment and support allowance or universal credit; F30or
in receipt of an income-based jobseeker’s allowance and has a right to reside other than a right to reside falling within paragraph (4).
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.
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In this regulation—
“EEA national” has the same meaning given in regulation 2(1) of the Immigration (European Economic Area) Regulations 2016;
“family member” has the same meaning given in regulation 7(1)(a), (b) or (c) of the Immigration (European Economic Area) Regulations 2016, except that regulation 7(4) of those Regulations does not apply for the purposes of paragraph (4B) and (5)(zd) of this regulation;
“refugee” means a person recorded by the Secretary of State as a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees;
“relevant person of Northern Ireland” has the meaning given in Annex 1 of Appendix EU to the immigration rules made under section 3(2) of the Immigration Act 1971.
In this regulation references to the Immigration (European Economic Area) Regulations 2016 are to be read with Schedule 4 to the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) Regulations 2020.
Annotations
Textual amendments
- F1
Words in reg. 10(3) inserted (7.5.2019) by The Social Security (Income-related Benefits) (Updating and Amendment No. 2) (EU Exit) Regulations (Northern Ireland) 2019 (S.R. 2019/90), regs. 1, 5(a)
- F2
Words in reg. 10(4)(a) substituted (7.5.2019) by The Social Security (Income-related Benefits) (Updating and Amendment No. 2) (EU Exit) Regulations (Northern Ireland) 2019 (S.R. 2019/90), regs. 1, 5(b)(i)
- F3
Word in reg. 10(4)(b)(ii) inserted (31.12.2020) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 68(2)(a)(i)
- F4
Reg. 10(4)(bb) substituted (7.5.2019) by The Social Security (Income-related Benefits) (Updating and Amendment No. 2) (EU Exit) Regulations (Northern Ireland) 2019 (S.R. 2019/90), regs. 1, 5(b)(ii)
- F5
Reg. 10(4)(c)-(e) omitted (31.12.2020) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 68(2)(a)(ii)
- F6
Reg. 10(4A) inserted (7.5.2019) by The Social Security (Income-related Benefits) (Updating and Amendment No. 2) (EU Exit) Regulations (Northern Ireland) 2019 (S.R. 2019/90), regs. 1, 5(c)
- F7
Word in reg. 10(4A)(a) omitted (31.12.2020 immediately after IP completion day) by virtue of The Immigration (Citizens' Rights etc.) (EU Exit) Regulations 2020 (S.I. 2020/1372), regs. 1(2)(a)(3)(d), 17(2)(a)
- F8
Reg. 10(4A)(c) and word inserted (31.12.2020 immediately after IP completion day) by The Immigration (Citizens' Rights etc.) (EU Exit) Regulations 2020 (S.I. 2020/1372), regs. 1(2)(a)(3)(d), 17(2)(b)
- F9
Reg. 10(4B) added (24.8.2020) by The Social Security (Income-related Benefits) (Persons of Northern Ireland – Family Members) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/149), regs. 1(1), 5(a)
- F10
Reg. 10(5)(zza)(zzb) inserted (25.9.2021) by The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/269), regs. 1, 2(2)(5)
- F11
Word in reg. 10(5)(zzb) substituted (24.3.2022) by The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/149), regs. 1, 2(2)(5)(d)
- F12
Reg. 10(5)(zzc) inserted (24.3.2022) by The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/149), regs. 1, 2(3)(5)(d)
- F13
Word in reg. 10(5)(zzc)(i) omitted (18.10.2022) by virtue of The Social Security (Habitual Residence and Past Presence) (Amendment No. 2) Regulations (Northern Ireland) 2022 (S.R. 2022/230), regs. 1, 2(1)(a)(2)(d)
- F14
Word in reg. 10(5)(zzc)(ii) added (18.10.2022) by The Social Security (Habitual Residence and Past Presence) (Amendment No. 2) Regulations (Northern Ireland) 2022 (S.R. 2022/230), regs. 1, 2(1)(b)(2)(d)
- F15
Reg. 10(5)(zzc)(iii) added (18.10.2022) by The Social Security (Habitual Residence and Past Presence) (Amendment No. 2) Regulations (Northern Ireland) 2022 (S.R. 2022/230), regs. 1, 2(1)(c)(2)(d)
- F16
Reg. 10(5)(zzd) inserted (18.5.2023) by The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/80), regs. 1, 2(1)(2)(d)
- F17
Reg. 10(5)(zze) inserted (28.10.2023) by The Social Security (Habitual Residence and Past Presence, and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/184), regs. 1(1), 2(1)(2)(d)
- F18
Reg. 10(5)(zzf)(zzg) inserted (19.7.2025) by The Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations (Northern Ireland) 2025 (S.R. 2025/136), regs. 1(1), 2(1)(2)(b)
- F19
Reg. 10(5)(za)-(zc) substituted for reg. 10(5)(a)-(f) (31.5.2014) by The Social Security (Habitual Residence) (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/133), regs. 1(1), 5
- F20
Words in reg. 10(5)(za) substituted (7.5.2019) by The Social Security (Income-related Benefits) (Updating and Amendment No. 2) (EU Exit) Regulations (Northern Ireland) 2019 (S.R. 2019/90), regs. 1, 5(d)
- F21
Words in reg. 10(5)(zb) omitted (24.8.2020) by virtue of The Social Security (Income-related Benefits) (Persons of Northern Ireland – Family Members) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/149), regs. 1(1), 5(b)
- F22
Reg. 10(5)(zd) inserted (24.8.2020) by The Social Security (Income-related Benefits) (Persons of Northern Ireland – Family Members) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/149), regs. 1(1), 5(c)
- F23
Reg. 10(5)(ze)(zf) inserted (31.12.2020) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 68(2)(b)
- F24
Reg. 10(5)(h) substituted (29.10.2013) by The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/246), regs. 1(1), 9(2)(a)
- F25
Words in reg. 10(5)(h) omiited (24.3.2022) by The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/149), regs. 1, 2(4)(5)(d)
- F26
Word in reg. 10(5)(j) omitted (1.4.2014) by virtue of The Housing Benefit (Habitual Residence) (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/98), regs. 1(1), 2(2) (with reg. 3)
- F27
Reg. 10(5)(k) omitted (29.10.2013) by virtue of The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/246), regs. 1(1), 9(2)(c)
- F28
Reg. 10(5)(kk) omitted (29.10.2013) by virtue of The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/246), regs. 1(1), 9(2)(c)
- F29
Reg. 10(5)(l) substituted (21.10.2025) by The Housing Benefit (Habitual Residence) (Amendment) Regulations (Northern Ireland) 2025 (S.R. 2025/149), regs. 1(1), 2
- F30
Reg. 10(5)(m) and word added (1.4.2014) by The Housing Benefit (Habitual Residence) (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/98), regs. 1(1), 2(4) (with reg. 3)
- F31
Reg. 10(5A) inserted (19.7.2025) by The Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations (Northern Ireland) 2025 (S.R. 2025/136), regs. 1(1), 2(2)(b)(4)
- F32
Reg. 10(6) omitted (29.10.2013) by virtue of The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/246), regs. 1(1), 9(2)(c)
- F33
Reg. 10(7) substituted (24.8.2020) by The Social Security (Income-related Benefits) (Persons of Northern Ireland – Family Members) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/149), regs. 1(1), 5(d)
- F34
Reg. 10(8) inserted (31.12.2020) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 68(2)(c)
Modifications
- C1
Reg. 10 applied (with modifications) (31.12.2020) by The Citizens' Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 (S.I. 2020/1209), regs. 1(1), 3(3), 4(4), 11(m)
Commencement
Footnotes
- f1
-
See, for regulation 10A and Schedule A1, paragraph 2(1) and (2) of Schedule 4 to S.R. 2006 No. 407
Notes on Part II
Modifications
- C1
Pt. II applied (with modifications) (1.4.2007) by The Rate Relief (General) Regulations (Northern Ireland) 2007 (S.R. 2007/204), regs. 1(1), 11(1)