Explanatory note
(This note is not part of the Regulations)
These Regulations amend regulation 85A of the Jobseeker’s Allowance Regulations 1996 in relation to the definition of a “person from abroad”.
A claimant for a jobseeker’s allowance who is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland (“the Common Travel Area”) is a person from abroad for whom the applicable amount is nil.
The effect of the amendment is that the habitual residence test cannot be satisfied unless the claimant has been living in the Common Travel Area for the past three months. This is in addition to the existing requirement to have a right to reside in the Common Travel Area.
Regulation 3 provides a saving for claims made or treated as made before 1st January 2014.
An assessment of the impact of these Regulations has been made. A copy of the impact assessment is available alongside the instrument on www.legislation.gov.uk.