A10/2025 The Housing Benefit (Habitual Residence) Amendment Regulations 2025
Updated 6 October 2025
© Crown copyright 2025
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Who should read
All Housing Benefit colleagues and wider if appropriate.
Action
For information.
Subject
The Housing Benefit (Habitual Residence) Amendment Regulations 2025.
Guidance Manual
The information in this circular does not affect the content of the Housing Benefit Guidance Manual.
Queries
Extra copies of this circular and copies of previous circulars can be found at Housing Benefit for local authorities: adjudication circulars.
For queries about the:
- technical content of this circular, contact internationalaccessto.benefitpolicy@dwp.gov.uk
- distribution of this circular, contact lawelfare.correspondence@dwp.gov.uk
Crown Copyright 2025.
Recipients may freely reproduce this circular.
Introduction
1. This circular provides information about the Housing Benefit (Habitual Residence) Amendment Regulations 2025 (SI 2025/988) which was laid on 3 September 2025 and comes into force on 21 October 2025.
2. Amendment to Housing Benefit Regulations SI 2025/988 amends the Housing Benefit Regulations 2006 (SI 2006/213) to allow individuals claiming Working Age Housing Benefit (HB) to be treated as satisfying the Habitual Residence Test where they are receiving Universal Credit. This is in the same way as currently happens for Working Age claimants in receipt of legacy benefits (Income Support, income-based Jobseeker’s Allowance and income-related Employment and Support Allowance).
3. SI 2025/988 means that local authorities (LAs) will no longer need to duplicate the Habitual Residence Test for claimants already in receipt of Universal Credit and claimants will only need to provide evidence for the Habitual Residence Test once through their Universal Credit claim.
4. This affects all new HB claims and any Habitual Residence Test appeal cases from 21 October 2025.
Claimants in receipt of Universal Credit
5. LAs can now treat a new Working Age HB claimant who is already in receipt of Universal Credit as satisfying the Habitual Residence Test for HB purposes and local authority (LA) staff will not be required to duplicate the Habitual Residence Test assessment.
Claimants in receipt of Universal Credit
6. If a person makes a claim to Working Age HB but is not in receipt of Universal Credit, LA staff should advise the person to make a Universal Credit claim.
7. If the person does not apply for Universal Credit and is eligible for HB, then the LA will still be required to perform a Habitual Residence Test as part of the assessment for HB entitlement.