Statutory Instruments
Social Security
Made
5th July 2016
Laid before Parliament
7th July 2016
Coming into force
28th July 2016
The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 123(1)(d), 130A(2), 137(1) and (2)(b) and (h) and 175(1), (3), (4) and (5) of the Social Security Contributions and Benefits Act 1992 M1 and sections 1(5), 12(2)(a), 15(3) and (6)(b) and 17(1) and (2) of the State Pension Credit Act 2002 M2.
In accordance with section 172(1) of the Social Security Administration Act 1992 M3, the Secretary of State has referred these Regulations to the Social Security Advisory Committee.
In accordance with section 176(1) of the Social Security Administration Act 1992 M4, the Secretary of State has consulted with organisations appearing to him to be representative of the authorities concerned.
Marginal Citations
M11992 c.4. Section 130A was inserted by section 30(2) of the Welfare Reform Act 2007 (c.5). Section 137(1) is cited for the meaning of “prescribed”. Subsections (1), (3), (4) and (5) of section 175 are applied to provisions of the State Pension Credit Act 2002 (c.16) by section 19(1) of that Act.
M4Section 176(1) was amended by paragraph 23 of Schedule 9 to the Local Government Finance Act 1992 (c.14), paragraph 3(4) of Schedule 13 to the Housing Act 1996 (c.52) and section 69(6) of the Child Support, Pensions and Social Security Act 2000 (c.19).
1. These Regulations may be cited as the Housing Benefit and State Pension Credit (Temporary Absence) (Amendment) Regulations 2016 and come into force on 28th July 2016.
2.—(1) The Housing Benefit Regulations 2006 M5 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) M6—
(a)in paragraph (11) after “residential accommodation” in the opening words insert “ in Great Britain ”;
(b)in paragraph (12) for “a residential accommodation” substitute “ the residential accommodation ”;
(c)for paragraph (13) substitute—
“(13) Subject to paragraphs (13B) and (17), where a person is temporarily absent within Great Britain from his main dwelling, he shall be treated as occupying that dwelling as his home whilst he is so absent, subject to an overall limit of a period of 13 weeks beginning with the first day of the absence from the main dwelling, provided that—
(a)the person intends to return to occupy the main dwelling as his home;
(b)the part of the main dwelling normally occupied by the person has not been let or, as the case may be, sub-let; and
(c)the period of the absence within Great Britain is unlikely to extend beyond the overall limit.”;
(d)after paragraph (13) insert—
“(13A) The period of 13 weeks referred to in paragraph (13) shall run or continue to run during any period of absence from Great Britain.
(13B) Where—
(a)a person returns to Great Britain after a period of absence from Great Britain;
(b)he has been absent from the main dwelling for less than 13 weeks beginning with the first day of absence from that dwelling; and
(c)at the outset of, or during, the period of absence from Great Britain, he ceased to be treated as occupying the main dwelling as his home,
then, for any day that follows the period of absence from Great Britain and precedes his return to the main dwelling, he shall not be treated as occupying the main dwelling as his home under paragraph (13).
(13C) This paragraph applies to a person who is temporarily absent from Great Britain and who occupied the main dwelling as his home, or was treated as occupying that dwelling as his home, immediately before the period of absence from Great Britain.
(13D) Subject to paragraphs (13E), (13G), (17C) and (17D) a person to whom paragraph (13C) applies shall be treated as occupying the main dwelling as his home whilst he is absent from Great Britain, for a period not exceeding 4 weeks beginning with the first day of that absence from Great Britain, provided that—
(a)the person intends to return to occupy the main dwelling as his home;
(b)the part of the main dwelling normally occupied by the person has not been let or, as the case may be, sub-let; and
(c)the period of absence outside Great Britain is unlikely to exceed 4 weeks.
(13E) If the temporary absence from the main dwelling is in connection with the death of—
(a)the person's partner or a child or young person for whom the person or the person's partner is responsible;
(b)the person's close relative;
(c)the close relative of the person's partner; or
(d)the close relative of a child or young person for whom the person or the person's partner is responsible,
then the period of 4 weeks in the opening words of paragraph (13D) may be extended by up to 4 further weeks if the relevant authority considers it unreasonable to expect the person to return to Great Britain within the first 4 weeks (and so that the reference in sub-paragraph (c) of that paragraph to a period of 4 weeks shall, where the period is extended, be taken as referring to the period as so extended).
(13F) This paragraph applies to a person who is temporarily absent from Great Britain as a member of Her Majesty's forces posted overseas, a mariner or a continental shelf worker, and who occupied the main dwelling as his home, or was treated as occupying that dwelling as his home, immediately before the period of absence from Great Britain.
(13G) A person to whom paragraph (13F) applies shall be treated as occupying the main dwelling as his home whilst he is absent from Great Britain, for a period not exceeding 26 weeks beginning with the first day of that absence from Great Britain, provided that—
(a)the person intends to return to occupy the main dwelling as his home;
(b)the part of the main dwelling normally occupied by the person has not been let or, as the case may be, sub-let; and
(c)the period of absence outside Great Britain is unlikely to exceed 26 weeks.”;
(e)in paragraph (16)—
(i)in the opening words for “dwelling he normally occupies as his home (“absence”)” substitute “ main dwelling ”;
(ii)in sub-paragraphs (a) and (b) for “dwelling” substitute “ main dwelling ”;
(iii)in sub-paragraphs (c)(iii), (iv) and (vii) omit “, in the United Kingdom or elsewhere,”;
(iv)in sub-paragraph (c)(v) omit “residing in the United Kingdom or elsewhere”;
(v)for sub-paragraph (d) substitute—
“(d)in the case of—
(i)absence within Great Britain, any period of absence from the dwelling is unlikely to extend beyond or, in exceptional circumstances is unlikely substantially to extend beyond, an overall limit of 52 weeks beginning with the first day of the absence from the dwelling;
(ii)absence from Great Britain by a person to whom any of sub-paragraphs (c)(ii), (iii), (vii) or (x) apply, any period of absence from Great Britain is unlikely to exceed or, in exceptional circumstances is unlikely substantially to exceed, 26 weeks beginning with the first day of the absence from Great Britain; or
(iii)absence from Great Britain by a person to whom paragraph (ii) of this sub-paragraph does not apply, any period of absence from Great Britain is unlikely to exceed or, in exceptional circumstances is unlikely substantially to exceed, 4 weeks beginning with the first day of absence from Great Britain.”;
(f)for paragraph (17) substitute—
“(17) Subject to paragraph (17B), a person to whom paragraph (16) applies who is absent within Great Britain, shall be treated as occupying the main dwelling as his home whilst he is so absent, subject to an overall limit of a period of 52 weeks beginning with the first day of the absence from the dwelling.”;
(g)after paragraph (17) insert—
“(17A) The period of 52 weeks referred to in paragraph (17) shall run or continue to run during any period of absence from Great Britain.
(17B) Where—
(a)a person returns to Great Britain after a period of absence from Great Britain;
(b)he has been absent from the main dwelling for less than 52 weeks beginning with the first day of absence from that dwelling; and
(c)at the outset of, or during, the period of absence from Great Britain, he ceased to be treated as occupying the main dwelling as his home,
then, for any day that follows the period of absence from Great Britain and precedes his return to the main dwelling, he shall not be treated as occupying the main dwelling as his home under paragraph (17).
(17C) A person to whom paragraph (16) applies who—
(a)is a person described in any of sub-paragraphs (c)(ii), (iii), (vii) or (x) of that paragraph;
(b)is temporarily absent from Great Britain; and
(c)immediately before that period of temporary absence, occupied the main dwelling as his home or was treated as so occupying that dwelling,
shall be treated as occupying that dwelling as his home whilst he is absent from Great Britain, for a period not exceeding 26 weeks beginning with the first day of the absence from Great Britain.
(17D) A person to whom paragraph (16) applies who—
(a)is a person described in any of sub-paragraphs (c)(i), (iv), (v), (vi), (viii) or (ix) of that paragraph;
(b)is temporarily absent from Great Britain; and
(c)immediately before that period of temporary absence, occupied the main dwelling as his home or was treated as so occupying that dwelling,
shall be treated as occupying that dwelling as his home whilst he is absent from Great Britain, for a period not exceeding 4 weeks beginning with the first day of the absence from Great Britain.”;
(h)in paragraph (18)—
(i)before the definition of “medically approved” insert—
““continental shelf worker” means a person who is employed, whether under a contract of service or not, in a designated area or a prescribed area in connection with any activity mentioned in section 11(2) of the Petroleum Act 1998 M7;
“designated area” means any area which may from time to time be designated by Order in Council under the Continental Shelf Act 1964 M8 as an area within which the rights of the United Kingdom with respect to the seabed and subsoil and their natural resources may be exercised;
“main dwelling” means the dwelling that a person normally occupies as his home;
“mariner” means a person who is employed under a contract of service either as a master or member of the crew of any ship or vessel, or in any other capacity on board any ship or vessel, where—
(a)the employment in that capacity is for the purposes of that ship or vessel or its crew or any passengers or cargo or mails carried by the ship or vessel; and
(b)the contract is entered into in the United Kingdom with a view to its performance (in whole or in part) while the ship or vessel is on its voyage;”;
(ii)after the definition of “medically approved” insert—
““member of Her Majesty's forces posted overseas” means a person who is a member of the regular forces or the reserve forces (within the meaning of section 374 of the Armed Forces Act 2006 M9), who is absent from the main dwelling because the person has been posted outside of Great Britain to perform the duties of a member of Her Majesty's regular forces or reserve forces;”; and
(iii)after the definition of “patient” insert—
““prescribed area” means any area over which Norway or any member State (other than the United Kingdom) exercises sovereign rights for the purpose of exploring the seabed and subsoil and exploiting their natural resources, being an area outside the territorial seas of Norway or such member State, or any other area which is from time to time specified under section 10(8) of the Petroleum Act 1998;”.
(3) For each of regulation 12BA(4) (eligible rent and maximum rent (social sector)) and 12D(4) (eligible rent and maximum rent (LHA)) M10 substitute—
“(4) For the purpose of paragraph (3), a claimant is treated as occupying the dwelling if—
(a)any of paragraphs (13), (13D) (with (13E) where applicable) or (13G) of regulation 7 (circumstances in which a person is or is not to be treated as occupying a dwelling as his home) is satisfied and for that purpose those paragraphs shall have effect as if sub-paragraph (b) of those paragraphs were omitted; or
(b)any of paragraphs (17), (17C) or (17D) of regulation 7 is satisfied and for that purpose those paragraphs shall have effect as if sub-paragraph (b) of paragraph (16) of that regulation were omitted.”.
(4) For regulation 13ZA(2) (protection on death and 13 week protection) M11 substitute—
“(2) For the purpose of paragraph (1), a claimant is treated as occupying the dwelling if—
(a)any of paragraphs (13), (13D) (with (13E) where applicable) or (13G) of regulation 7 (circumstances in which a person is or is not to be treated as occupying a dwelling as his home) is satisfied and for that purpose those paragraphs shall have effect as if sub-paragraph (b) of those paragraphs were omitted; or
(b)any of paragraphs (17), (17C) or (17D) of regulation 7 is satisfied and for that purpose those paragraphs shall have effect as if sub-paragraph (b) of paragraph (16) of that regulation were omitted.”.
Marginal Citations
M6Regulation 7 was amended by S.I. 2013/443. There are other amendments to regulation 7 that are not relevant to this instrument.
M10Regulation 12BA was inserted by S.I. 2012/3040 and regulation 12D was inserted by S.I. 2007/2868. There are amendments to regulation 12D that are not relevant to this instrument.
M11Regulation 13ZA was inserted by S.I. 2007/2868.
3.—(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 M12 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) M13—
(a)in paragraph (11) after “residential accommodation” insert “ in Great Britain ”;
(b)in paragraph (12) for “a residential accommodation” substitute “ the residential accommodation ”;
(c)for paragraph (13) substitute—
“(13) Subject to paragraphs (13B) and (17), where a person is temporarily absent within Great Britain from his main dwelling, he shall be treated as occupying that dwelling as his home whilst he is so absent, subject to an overall limit of a period of 13 weeks beginning with the first day of the absence from the main dwelling, provided that—
(a)the person intends to return to occupy the main dwelling as his home;
(b)the part of the main dwelling normally occupied by the person has not been let or, as the case may be, sub-let; and
(c)the period of the absence within Great Britain is unlikely to extend beyond the overall limit.”;
(d)after paragraph (13) insert—
“(13A) The period of 13 weeks referred to in paragraph (13) shall run or continue to run during any period of absence from Great Britain.
(13B) Where—
(a)a person returns to Great Britain after a period of absence from Great Britain;
(b)he has been absent from the main dwelling for less than 13 weeks beginning with the first day of absence from that dwelling; and
(c)at the outset of, or during, the period of absence from Great Britain, he ceased to be treated as occupying the main dwelling as his home,
then, for any day that follows the period of absence from Great Britain and precedes his return to the main dwelling, he shall not be treated as occupying the main dwelling as his home under paragraph (13).
(13C) This paragraph applies to a person who is temporarily absent from Great Britain and who occupied the main dwelling as his home, or was treated as occupying that dwelling as his home, immediately before the period of absence from Great Britain.
(13D) Subject to paragraphs (13E), (13G), (17C) and (17D) a person to whom paragraph (13C) applies shall be treated as occupying the main dwelling as his home whilst he is absent from Great Britain, for a period not exceeding 4 weeks beginning with the first day of that absence from Great Britain, provided that—
(a)the person intends to return to occupy the main dwelling as his home;
(b)the part of the main dwelling normally occupied by the person has not been let or, as the case may be, sub-let; and
(c)the period of absence outside Great Britain is unlikely to exceed 4 weeks.
(13E) If the temporary absence from the main dwelling is in connection with the death of—
(a)the person's partner or a child or young person for whom the person or the person's partner is responsible;
(b)the person's close relative;
(c)the close relative of the person's partner; or
(d)the close relative of a child or young person for whom the person or the person's partner is responsible,
then the period of 4 weeks in the opening words of paragraph (13D) may be extended by up to 4 further weeks if the relevant authority considers it unreasonable to expect the person to return to Great Britain within the first 4 weeks (and so that the reference in sub-paragraph (c) of that paragraph to a period of 4 weeks shall, where the period is extended, be taken as referring to the period as so extended).
(13F) This paragraph applies to a person who is temporarily absent from Great Britain as a member of Her Majesty's forces posted overseas, a mariner or a continental shelf worker, and who occupied the main dwelling as his home, or was treated as occupying that dwelling as his home, immediately before the period of absence from Great Britain.
(13G) A person to whom paragraph (13F) applies shall be treated as occupying the main dwelling as his home whilst he is absent from Great Britain, for a period not exceeding 26 weeks beginning with the first day of that absence from Great Britain, provided that—
(a)the person intends to return to occupy the main dwelling as his home;
(b)the part of the main dwelling normally occupied by the person has not been let or, as the case may be, sub-let; and
(c)the period of absence outside Great Britain is unlikely to exceed 26 weeks.”;
(e)in paragraph (16)—
(i)in the opening words for “dwelling he normally occupies as his home (“absence”)” substitute “ main dwelling ”;
(ii)in sub-paragraphs (a) and (b) for “dwelling” substitute “ main dwelling ”;
(iii)in sub-paragraphs (c)(iii), (iv) and (vii) omit “, in the United Kingdom or elsewhere,”;
(iv)in sub-paragraph (c)(v) omit “residing in the United Kingdom or elsewhere”;
(v)for sub-paragraph (d) substitute—
“(d)in the case of—
(i)absence within Great Britain, any period of absence from the dwelling is unlikely to extend beyond or, in exceptional circumstances is unlikely substantially to extend beyond, an overall limit of 52 weeks beginning with the first day of the absence from the dwelling;
(ii)absence from Great Britain by a person to whom any of sub-paragraphs (c)(ii), (iii), (vii) or (x) apply, any period of absence from Great Britain is unlikely to exceed or, in exceptional circumstances is unlikely substantially to exceed, 26 weeks beginning with the first day of the absence from Great Britain; or
(iii)absence from Great Britain by a person to whom paragraph (ii) of this sub-paragraph does not apply, any period of absence from Great Britain is unlikely to exceed or, in exceptional circumstances is unlikely substantially to exceed, 4 weeks beginning with the first day of absence from Great Britain.”;
(f)for paragraph (17) substitute—
“(17) Subject to paragraph (17B), a person to whom paragraph (16) applies who is absent within Great Britain, shall be treated as occupying the main dwelling as his home whilst he is so absent, subject to an overall limit of a period of 52 weeks beginning with the first day of the absence from the dwelling.”;
(g)after paragraph (17) insert—
“(17A) The period of 52 weeks referred to in paragraph (17) shall run or continue to run during any period of absence from Great Britain.
(17B) Where—
(a)a person returns to Great Britain after a period of absence from Great Britain;
(b)he has been absent from the main dwelling for less than 52 weeks beginning with the first day of absence from that dwelling; and
(c)at the outset of, or during, the period of absence from Great Britain, he ceased to be treated as occupying the main dwelling as his home,
then, for any day that follows the period of absence from Great Britain and precedes his return to the main dwelling, he shall not be treated as occupying the main dwelling as his home under paragraph (17).
(17C) A person to whom paragraph (16) applies who—
(a)is a person described in any of sub-paragraphs (c)(ii), (iii), (vii) or (x) of that paragraph;
(b)is temporarily absent from Great Britain; and
(c)immediately before that period of temporary absence, occupied the main dwelling as his home or was treated as so occupying that dwelling,
shall be treated as occupying that dwelling as his home whilst he is absent from Great Britain, for a period not exceeding 26 weeks beginning with the first day of the absence from Great Britain.
(17D) A person to whom paragraph (16) applies who—
(a)is a person described in any of sub-paragraphs (c)(i), (iv), (v), (vi), (viii) or (ix) of that paragraph;
(b)is temporarily absent from Great Britain; and
(c)immediately before that period of temporary absence, occupied the main dwelling as his home or was treated as so occupying that dwelling,
shall be treated as occupying that dwelling as his home whilst he is absent from Great Britain, for a period not exceeding 4 weeks beginning with the first day of the absence from Great Britain.”;
(h)in paragraph (18)—
(i)before the definition of “medically approved” insert—
““continental shelf worker” means a person who is employed, whether under a contract of service or not, in a designated area or a prescribed area in connection with any activity mentioned in section 11(2) of the Petroleum Act 1998;
“designated area” means any area which may from time to time be designated by Order in Council under the Continental Shelf Act 1964 as an area within which the rights of the United Kingdom with respect to the seabed and subsoil and their natural resources may be exercised;
“main dwelling” means the dwelling that a person normally occupies as his home;
“mariner” means a person who is employed under a contract of service either as a master or member of the crew of any ship or vessel, or in any other capacity on board any ship or vessel, where—
(a)the employment in that capacity is for the purposes of that ship or vessel or its crew or any passengers or cargo or mails carried by the ship or vessel; and
(b)the contract is entered into in the United Kingdom with a view to its performance (in whole or in part) while the ship or vessel is on its voyage;”;
(ii)after the definition of “medically approved” insert—
““member of Her Majesty's forces posted overseas” means a person who is a member of the regular forces or the reserve forces (within the meaning of section 374 of the Armed Forces Act 2006), who is absent from the main dwelling because the person has been posted outside of Great Britain to perform the duties of a member of Her Majesty's regular forces or reserve forces;”; and
(iii)after the definition of “patient” insert—
““prescribed area” means any area over which Norway or any member State (other than the United Kingdom) exercises sovereign rights for the purpose of exploring the seabed and subsoil and exploiting their natural resources, being an area outside the territorial seas of Norway or such member State, or any other area which is from time to time specified under section 10(8) of the Petroleum Act 1998;”.
(3) For regulation 12D(4) (eligible rent and maximum rent (LHA)) M14 substitute—
“(4) For the purpose of paragraph (3), a claimant is treated as occupying the dwelling if—
(a)any of paragraphs (13), (13D) (with (13E) where applicable) or (13G) of regulation 7 (circumstances in which a person is or is not to be treated as occupying a dwelling as his home) is satisfied and for that purpose those paragraphs shall have effect as if sub-paragraph (b) of those paragraphs were omitted; or
(b)any of paragraphs (17), (17C) or (17D) of regulation 7 is satisfied and for that purpose those paragraphs shall have effect as if sub-paragraph (b) of paragraph (16) of that regulation were omitted.”.
(4) For regulation 13ZA(2) (protection on death and 13 week protection) M15 substitute—
“(2) For the purpose of paragraph (1), a claimant is treated as occupying the dwelling if—
(a)any of paragraphs (13), (13D) (with (13E) where applicable) or (13G) of regulation 7 (circumstances in which a person is or is not to be treated as occupying a dwelling as his home) is satisfied and for that purpose those paragraphs shall have effect as if sub-paragraph (b) of those paragraphs were omitted; or
(b)any of paragraphs (17), (17C) or (17D) of regulation 7 is satisfied and for that purpose those paragraphs shall have effect as if sub-paragraph (b) of paragraph (16) of that regulation were omitted.”.
Marginal Citations
M13Regulation 7 was amended by S.I. 2013/443. There are other amendments to regulation 7 that are not relevant to this instrument.
M14Regulation 12D was inserted by S.I. 2007/2869. There are amendments to regulation 12D that are not relevant to this instrument.
M15Regulation 13ZA was inserted by S.I. 2007/2869.
4.—(1) The State Pension Credit Regulations 2002 M16 are amended as follows.
(2) For regulation 3 (persons temporarily absent from Great Britain) substitute—
3.—(1) A claimant's entitlement to state pension credit while the claimant is temporarily absent from Great Britain is to continue but for no longer than—
(a)4 weeks, provided the absence is not expected to exceed 4 weeks;
(b)8 weeks, where paragraph (2) applies; or
(c)26 weeks, where paragraph (3) applies,
provided the claimant continues to satisfy the other conditions of entitlement.
(2) This paragraph applies where the absence is not expected to exceed 8 weeks and is in connection with the death of—
(a)the claimant's partner or a child or qualifying young person normally living with the claimant; or
(b)a close relative of—
(i)the claimant;
(ii)the claimant's partner; or
(iii)a child or qualifying young person normally living with the claimant,
and the Secretary of State considers that it would be unreasonable to expect the claimant to return to Great Britain within 4 weeks.
(3) This paragraph applies where the absence is not expected to exceed 26 weeks and is solely in connection with—
(a)the claimant undergoing—
(i)treatment for an illness or physical or mental impairment by, or under the supervision of, a qualified practitioner; or
(ii)medically approved convalescence or care as a result of treatment for an illness or physical or mental impairment, where the claimant had that illness or impairment before leaving Great Britain; or
(b)the claimant accompanying his or her partner or a child or qualifying young person normally living with the claimant for treatment or convalescence or care as mentioned in sub-paragraph (a).
(4) In this regulation and in regulation 5—
“medically approved” means certified by a registered medical practitioner;
“qualified practitioner” means a person qualified to provide medical treatment, physiotherapy or a form of treatment which is similar to, or related to, either of those forms of treatment.”.
(3) Omit regulation 3A (persons temporarily absent from Great Britain on 6th October 2008).
(4) Omit regulation 4 (persons receiving treatment outside Great Britain).
(5) After regulation 3, insert—
4A.—(1) A person who has reached the age of 16 but not the age of 20 is a qualifying young person for the purposes of these Regulations—
(a)up to, but not including, the 1st September following the person's 16th birthday; and
(b)up to, but not including, the 1st September following the person's 19th birthday, if the person is enrolled on, or accepted for, approved training or a course of education—
(i)which is not a course of advanced education within the meaning of regulation 12(3) of the Universal Credit Regulations 2013 M17;
(ii)which is provided at a school or college or provided elsewhere but approved by the Secretary of State for the purposes of regulation 5 of the Universal Credit Regulations 2013; and
(iii)where the average time spent during term time in receiving tuition, engaging in practical work or supervised study or taking examinations exceeds 12 hours per week.
(2) Where the young person is aged 19, he or she must have started the education or training or been enrolled on or accepted for it before reaching that age.
(3) The education or training referred to in paragraph (1) does not include education or training provided by means of a contract of employment.
(4) “Approved training” means training in pursuance of arrangements made under section 2(1) of the Employment and Training Act 1973 M18 or section 2(3) of the Enterprise and New Towns (Scotland) Act 1990 M19 which is approved by the Secretary of State for the purposes of regulation 5 of the Universal Credit Regulations 2013.
(5) A person who is receiving universal credit, a contributory employment and support allowance, a contribution-based jobseeker's allowance, an income-related employment and support allowance, an income-based jobseeker's allowance or income support is not a qualifying young person.”.
(6) In regulation 5 (persons treated as being or not being members of the same household)—
(a)in paragraph (1)(d) for “temporary” substitute “ temporarily ”;
(b)for paragraph (1)(f), substitute—
“(f)except in circumstances where paragraph (1A) applies, he is absent from Great Britain;”;
(c)for paragraph (1A), substitute—
“(1A) A person is to be treated as being a member of the same household as the claimant while he is absent from Great Britain but for no longer than—
(a)4 weeks, provided the absence is not expected to exceed 4 weeks;
(b)8 weeks, where paragraph (1B) applies; or
(c)26 weeks, where paragraph (1C) applies.
(1B) This paragraph applies where the absence is not expected to exceed 8 weeks and is in connection with the death of—
(a)a child or qualifying young person normally living with the person; or
(b)a close relative of—
(i)the person;
(ii)the person's partner; or
(iii)a child or qualifying young person normally living with the person,
and the Secretary of State considers that it would be unreasonable to expect the person to return to Great Britain within 4 weeks.
(1C) This paragraph applies where the absence is not expected to exceed 26 weeks and is solely in connection with—
(a)the person undergoing—
(i)treatment for an illness or physical or mental impairment by, or under the supervision of, a qualified practitioner; or
(ii)medically approved convalescence or care as a result of treatment for an illness or physical or mental impairment, where the person had that illness or impairment before leaving Great Britain; or
(b)the person accompanying his partner or a child or qualifying young person normally living with the person for treatment or convalescence or care as mentioned in sub-paragraph (a).”.
(7) In paragraph 2(2)(f) of Schedule I (circumstances in which persons are treated as being or not being severely disabled) after “qualifying young person” insert “ within the meaning of regulation 4A ” and for “for the purposes of Part IX of the 1992 Act” substitute “ as defined in section 40 of the 2012 Act ”.
(8) In paragraph 1(8) of Schedule III (special groups), after “In regulations” insert “ 3, ”.
(9) In Schedule V (income from capital)—
(a)in paragraph 6(2)(c) after “qualifying young person” insert “ within the meaning of regulation 4A ” and for “for the purposes of Part IX of the 1992 Act” substitute “ as defined in section 40 of the 2012 Act ”;
(b)in paragraph 15(8) in the definition of “child”, after “qualifying young person” insert “ within the meaning of regulation 4A ” and for “for the purposes of Part IX of the Contributions and Benefits Act (child benefit)” substitute “ as defined in section 40 of the 2012 Act ”.
(10) In paragraph 1(2)(b) of Schedule VI (sums disregarded from claimant's earnings), after “qualifying young person” insert “ within the meaning of regulation 4A ” and for “for the purposes of Part IX of the 1992 Act” substitute “ as defined in section 40 of the 2012 Act ”.
Marginal Citations
M16S.I. 2002/1792. Relevant amendments were made by S.I. 2002/3019, 2003/2274, 2006/718 and 2378 and 2008/2424 and 2767.
M181973 c.50. Section 2 of the Act was substituted by section 25(1) of the Employment Act 1989 (c.19).
M191990 c.35. Section 2(3) of the Act was amended by section 47(4)(a) of, and paragraph 1 of Schedule 10 to, the Trade Union Reform and Employment Rights Act 1993 (c.19).
5.—(1) Subject to paragraph (2), regulations 2 and 3 shall not apply in respect of a person who is temporarily absent from Great Britain on 28th July 2016 until the day that person returns to Great Britain.
(2) Paragraph (1) shall not apply to a person who, on 28th July 2016, is temporarily absent from Great Britain and is—
(a)a member of Her Majesty's forces posted overseas;
(b)absent in the capacity of a continental shelf worker; or
(c)absent in the capacity of a mariner.
(3) Regulation 4 shall not apply in respect of a person who is temporarily absent from Great Britain on 28th July 2016 until the day that person returns to Great Britain.
(4) In this regulation—
“continental shelf worker” means a person who is employed, whether under a contract of service or not, in a designated area or a prescribed area in connection with any activity mentioned in section 11(2) of the Petroleum Act 1998;
“designated area” means any area which may from time to time be designated by Order in Council under the Continental Shelf Act 1964 as an area within which the rights of the United Kingdom with respect to the seabed and subsoil and their natural resources may be exercised;
“mariner” means a person who is employed under a contract of service either as a master or member of the crew of any ship or vessel, or in any other capacity on board any ship or vessel, where—
the employment in that capacity is for the purposes of that ship or vessel or its crew or any passengers or cargo or mails carried by the ship or vessel; and
the contract is entered into in the United Kingdom with a view to its performance (in whole or in part) while the ship or vessel is on its voyage;
“member of Her Majesty's forces posted overseas” means a person who is a member of the regular forces or the reserve forces (within the meaning of section 374 of the Armed Forces Act 2006), who is absent from the dwelling that the person normally occupies as his home because the person has been posted outside of Great Britain to perform the duties of a member of Her Majesty's regular forces or reserve forces; and
“prescribed area” means any area over which Norway or any member State F1... exercises sovereign rights for the purpose of exploring the seabed and subsoil and exploiting their natural resources, being an area outside the territorial seas of Norway or such member State, or any other area which is from time to time specified under section 10(8) of the Petroleum Act 1998.
Textual Amendments
F1Words in reg. 5(4) omitted (31.12.2020) by virtue of The Social Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/128), reg. 1(2), Sch. para. 12; 2020 c. 1, Sch. 5 para. 1(1)
Freud
Minister of State,
Department for Work and Pensions
(This note is not part of the Regulations)
These Regulations amend the Housing Benefit Regulations 2006 (S.I. 2006/213) (“the Housing Benefit Regulations”), the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (S.I. 2006/214) and the State Pension Credit Regulations 2002 (S.I. 2002/1792) (“the State Pension Credit Regulations”).
Regulation 7(11) and (12) of the Housing Benefit Regulations provides that a person who enters residential accommodation on a trial basis for the purpose of ascertaining whether the accommodation satisfies his or her needs, can receive housing benefit in respect of his or her former dwelling for up to 13 weeks. Regulation 2(2)(a) of these Regulations amends regulation 7(11) of the Housing Benefit Regulations so that it only applies where the person enters residential accommodation in Great Britain. Regulation 2(2)(b) makes a consequential amendment to regulation 7(12).
Regulation 7(13) of the Housing Benefit Regulations provides that a person is treated as occupying the dwelling that the person normally occupies as his or her home (“main dwelling”) where the person is temporarily absent from that dwelling, for up to 13 weeks, provided that: the person intends to return to occupy the dwelling, the dwelling is not let or, as the case may be, sub-let, and the period of absence is unlikely to exceed 13 weeks. Regulation 7(13) currently makes no distinction between absences within and outside of Great Britain.
Regulation 2(2)(c) of these Regulations substitutes a new paragraph (13) into regulation 7 so that that paragraph only applies to persons who are temporarily absent from their home within Great Britain.
Regulation 2(2)(d) of these Regulations inserts new paragraphs into regulation 7. The new paragraphs provide that:
— the period of 13 weeks under paragraph (13) runs or continues to run during any period of absence from Great Britain (new paragraph (13A));
— if, after a period of absence outside Great Britain, a person returns to Great Britain within 13 weeks of the first day of absence from the main dwelling and, whilst abroad, the person ceased to be treated as occupying the main dwelling as his or her home, paragraph (13) does not apply to the person with effect from the time that the person returns to Great Britain (new paragraph (13B));
— where a person is absent from Great Britain and occupied the main dwelling as his or her home, or was treated as so occupying it, immediately before the period of absence, the person is to be treated as occupying the main dwelling as his or her home for a period of up to 4 weeks beginning on the first day of the person's absence from Great Britain (new paragraphs (13C) and (13D));
— if the absence from Great Britain is in connection with the death of: a partner, a child or young person for whom the person or the person's partner is responsible, a close relative of the person or the person's partner or a close relative of a child or young person for whom the person or the person's partner is responsible, then the period of 4 weeks may be extended by up to 4 further weeks if the relevant authority considers it unreasonable to expect the person to return within the first 4 weeks (new paragraph (13E));
— if the person is absent from Great Britain and is a member of Her Majesty's forces posted overseas, a mariner or a continental shelf worker, the person is to be treated as occupying the main dwelling as his or her home whilst the person is temporarily absent, for up to 26 weeks beginning on the first day of the person's absence from Great Britain (new paragraphs (13F) and (13G)).
Regulation 2(2)(e) to (g) of these Regulations amends paragraphs (16) and (17) of regulation 7 of the Housing Benefit Regulations. These paragraphs currently provide that a person is to be treated as occupying the main dwelling as his or her home for up to 52 weeks where the person is temporarily absent therefrom in the circumstances set out in paragraph (16).
Regulation 2(2)(f) of these Regulations amends paragraph (17) of regulation 7 and regulation 2(2)(g) inserts new paragraphs (17A) to (17D) into that regulation. Those new paragraphs provide that where a person to whom paragraph (16) applies is absent from Great Britain, the person is to be treated as occupying the dwelling as his or her home for up to 4 weeks beginning on the first day of his or her absence from Great Britain, unless the person is a person to whom any of paragraphs (ii), (iii), (vii) and (x) of paragraph (16)(c) apply, in which case the person is to be treated as occupying the dwelling for up to 26 weeks.
The period remains at 52 weeks if the person is absent within Great Britain. The period of 52 weeks under paragraph (17) runs or continues to run during any period of absence from Great Britain, but if a person returns to Great Britain after a period of absence abroad within 52 weeks beginning with the first day of absence from the main dwelling and, whilst abroad, the person ceased to be treated as occupying the main dwelling as his or her home, then paragraph (17) does not apply to that person when the person returns to Great Britain.
Linked to these changes, regulation 2(2)(e) makes various technical changes to paragraph (16) of regulation 7. In particular it amends paragraph (16)(d) to reduce the period that the absence must be unlikely to exceed, or in exceptional circumstances unlikely substantially to exceed, so as to align with the changes to periods of time referred to above.
Regulation 2(2)(h), (3) and (4) of these Regulations makes amendments which are consequential to the above changes.
Regulation 3 makes similar amendments to the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006.
Regulation 3 of the State Pension Credit Regulations currently allows for a claimant's entitlement to state pension credit to continue where the claimant is absent from Great Britain for up to 13 weeks, the period of absence is unlikely to exceed 52 weeks and the claimant continues to satisfy the other conditions of entitlement during his or her absence. Regulation 4(2) of these Regulations inserts new regulation 3 into the State Pension Credit Regulations which replaces this 13 week period with a 4 week period, provided the absence is not expected to exceed 4 weeks. New regulation 3(2) provides that a claimant's entitlement can continue for up to 8 weeks where the absence is in connection with the death of the claimant's partner, or a child or qualifying young person normally living with the claimant, or the death of a close relative of one of these or a close relative of the claimant. New regulation 3(3) allows for entitlement to continue during an absence of up to 26 weeks where the claimant is undergoing medical treatment or convalescence or care, or is accompanying a partner or a child or qualifying young person normally living with the claimant for medical treatment or convalescence or care.
Regulation 4(5) inserts a definition of “qualifying young person” into the State Pension Credit Regulations.
Regulation 5(1)(f) of the State Pension Credit Regulations currently allows for a person to continue to be treated as being a member of the claimant's household when the person is absent from Great Britain for up to 13 weeks. Regulation 4(6) amends this so that the person is subject to similar rules on temporary absence as the claimant.
Regulation 4(7), (9) and (10) makes changes to certain Schedules to the State Pension Credit Regulations so that the definitions of “qualifying young person” and “child” cross-refer to regulation 4A of those Regulations and section 40 of the Welfare Reform Act 2012 (c.5) respectively.
Regulation 4(8) applies the provisions relating to polygamous marriages to regulation 3 of the State Pension Credit Regulations.
Regulation 5 makes transitional provision such that the amendments in regulations 2 and 3 do not apply in respect of a person who is temporarily absent from Great Britain on 28th July 2016 until he or she returns to Great Britain unless the person is a member of Her Majesty's forces posted overseas, a continental shelf worker or a mariner. Regulation 5 also provides that regulation 4 does not apply to a person who is temporarily absent from Great Britain on 28th July 2016 until the person returns to Great Britain.
An impact assessment has not been produced for this instrument as it has no new impact on business or civil society organisations.