The Housing Benefit and State Pension Credit (Temporary Absence) (Amendment) Regulations 2016
| Year | 2016 |
2016 No. 624
Social Security
The Housing Benefit and State Pension Credit (Temporary Absence) (Amendment) Regulations 2016
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 19921and sections 1(5), 12(2)(a), 15(3) and (6)(b) and 17(1) and (2) of the State Pension Credit Act 20022.
In accordance with section 172(1) of the Social Security Administration Act 19923, 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 19924, the Secretary of State has consulted with organisations appearing to him to be representative of the authorities concerned.
Citation and commencement
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.
Amendments to the Housing Benefit Regulations 2006
2.—(1) The Housing Benefit Regulations 20065are 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)6—
(a)
(a) in paragraph (11) after “residential accommodation” in the opening words insert “in Great Britain”;
(b)
(b) in paragraph (12) for “a residential accommodation” substitute “the residential accommodation”;
(c)
(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)
(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)
(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)
“(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)
(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)
(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)
(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 19987;
“designated area” means any area which may from time to time be designated by Order in Council under the Continental Shelf Act 19648as 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...
To continue reading
Request your trial