Guidance

A12/2025 The Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations 2025

Updated 6 October 2025

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Who should read

All Housing Benefit colleagues and wider if appropriate.

Action

For information.

Subject

The Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations 2025

Guidance Manual

The information in this circular affects the content of the HB Guidance Manual. Please annotate this circular number against Chapter A3: paragraphs 3.450 to 3.470 and 3.590 and Chapter C4: paragraph 4.40 and paragraphs 4.64 to 4.70.

Queries

Extra copies of this circular/copies of previous circulars can be found at Housing Benefit for local authorities: subsidy circulars.

For queries about the:

Recipients may freely reproduce this circular.

Introduction

1. This circular provides guidance on the Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations 2025 (SI 2025/884). These regulations apply to certain persons who have come to Great Britain (GB) after fleeing an international crisis where His Majesty’s Government (HMG) advised United Kingdom (UK) nationals to leave or carried out an evacuation.  

2. SI 2025/884 makes amendments to the Housing Benefit Regulations 2006 (SI 2006/213) and the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (SI 2006/214).  

3. These regulations came into force on 18 July 2025 and apply to any decision made on or after 18 July 2025, including cases where a claim was received before that date but decided after. Any applications made and fully decided before the effective date should be assessed under the legislation as it stood prior to SI 2025/884 coming into force.

Background

4. In response to recent international emergencies, for example, the crisis in the Middle East in late 2023, HMG arranged assistance to help British nationals and their immediate family members return to the UK. Those evacuated or advised to leave received short-term emergency support upon arrival such as temporary accommodation and basic necessities.  

5. However, UK citizens returning to the UK after living abroad would ordinarily be subject to the Habitual Residence Test, often meaning a wait of up to three months before they could receive Housing Benefit (HB). This ‘gap’ in support left some returning families at risk of destitution or reliant on limited local authority assistance. 

6. Similarly, it was recognised that the standard HB rules on temporary absence from home, which generally limit payment when a claimant is outside GB to four weeks, were not suitable for crisis situations. The new regulations therefore also extend the period that returning residents can be absent from their normal home in GB without losing entitlement to HB. 

7. These new measures will apply to any future foreign crises where HMG advises UK nationals to leave or carries out evacuations, thereby creating a standing safety net for UK nationals abroad in volatile situations. 

8. The following paragraphs provide more guidance on these changes.

Habitual Residence Test

9. SI 2025/884 inserts a new category of persons who are exempt from having to satisfy the habitual residence element of the Habitual Residence Test when claiming HB. This category covers people returning from a crisis zone who meet certain criteria.  

10. A claimant will be exempt from the habitual residence requirement if they: 

  • have a pre-existing right of abode in the UK (including British citizens) or are not required to hold leave to enter/remain (for example, Irish nationals), or have been granted leave to enter or remain in the UK under the Immigration Rules with recourse to public funds

  • were habitually resident in the country or territory affected by the crisis immediately before the date the UK government first advised British nationals to leave (or began evacuating people from that place)

  • left that country or territory in connection with the official advice or evacuation associated with the crisis event

11. This means all returning British nationals, Irish nationals, and people who already have leave to enter or remain allowing access to public funds, will not need to prove habitual residence in the Common Travel Area if they have fled from a country at the time of a declared international crisis.  

12. Individuals granted a form of leave outside the Immigration Rules with recourse to public funds, for example under bespoke evacuation schemes, are already exempt under existing provisions. 

13.  This exemption only removes the requirement to be habitually resident and claimants must still meet all the other entitlement conditions for receiving HB.  

14. The exemption from the Habitual Residence Test will apply for a period of up to six months from the date HMG first issued advice to leave or began an evacuation operation for the crisis.

Temporary absence from home provisions

15. The amendments made to regulation 7 in SI 2006/213 and SI 2006/214 allow for a longer period during which a claimant can be absent from GB without losing entitlement to HB, if the absence is due to a major crisis overseas.  

16. The amendment applies to claimants who are unable to leave a country or territory because of an international crisis for which HMG has issued guidance to leave or undertaken evacuations can continue to receive HB for up to 26 weeks. It does not apply to claimants who go to the country or territory after HMG issue the guidance. Eligible claimants must also continue to meet the usual rules concerning temporary absence from home as follows: 

  • they intend to return to the dwelling they are treated as occupying as their home

  • that the home has not been sublet 

  • the period of absence is unlikely to exceed four weeks or in certain circumstances 26 weeks

17. For the extension to apply, the claimant’s continued absence must be in connection with the applicable crisis evacuation or official advice. This would typically be evidenced by the dates and circumstances of their travel. 

18. The 26-week period starts from the date the person leaves their home. The absence cannot exceed 26 weeks because these regulations provide an extension of up to 26 weeks rather than an additional 26 weeks to their existing allowable period of absence.

Example:

A claimant in receipt of HB travels to country X on 2 June 2025 to visit relatives. They have four weeks in which to return. On 25 June 2025, a serious conflict erupts in Country X.  

On 1 July 2025 the Foreign, Commonwealth and Development Office advises British nationals to leave and begins arranging evacuation flights. The claimant’s return travel is delayed due to the unrest, and they eventually fly back to GB on 28 August 2025. 

In this scenario, the claimant’s absence from GB is 12 weeks and is due to the crisis in Country X and falls within the 26-week limit. Under the new regulations, HB can be paid for the entire duration of the absence.

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