# The Jobseeker’s Allowance (Habitual Residence) Amendment Regulations 2014, Note: 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 habitual residence test cannot be satisfied unless the claimant has been living in the Common Travel Area for the past three months and that the claimant has a right to reside in the Common Travel Area.
The effect of the amendment is that claimants who have paid either Class 1 or Class 2 contributions whilst working abroad, or who have been a Crown servant or member of Her Majesty’s forces posted overseas at any time during the past three months, will not be required to have been living in the Common Travel Area for the past three months in order to satisfy the habitual residence test. The existing requirement to have a right to reside in the Common Travel Area remains.
Regulation 4 provides a saving for claims made or treated as made before 9th November 2014.

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Source: https://www.legislation.gov.uk/uksi/2014/2735/note (the official version)
Page: https://openlegislation.uk/jobseekers-allowance-habitual-residence-amendment-regulations-2014/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.