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The Housing Benefit and State Pension Credit (Temporary Absence) (Amendment) Regulations 2016

Consolidated Text As Enacted Cited authorities 51 Cited in Amendments 11 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2016/624
Year2016
  • 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.
    • (1) The Housing Benefit Regulations 2006 in paragraph (11) after “residential accommodation” in the opening words insert “ in Great Britain ”;in paragraph (12) for “a residential accommodation” substitute “ the residential accommodation ”;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.
    the person intends to return to occupy the main dwelling as his home;the part of the main dwelling normally occupied by the person has not been let or, as the case may be, sub-let; andthe period of the absence within Great Britain is unlikely to extend beyond the overall limit.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) .
    The period of 13 weeks referred to in paragraph (13) shall run or continue to run during any period of absence from Great Britain.a person returns to Great Britain after a period of absence from Great Britain;he has been absent from the main dwelling for less than 13 weeks beginning with the first day of absence from that dwelling; andat 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,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.the person intends to return to occupy the main dwelling as his home;the part of the main dwelling normally occupied by the person has not been let or, as the case may be, sub-let; andthe period of absence outside Great Britain is unlikely to exceed 4 weeks.the person's partner or a child or young person for whom the person or the person's partner is responsible;the person's close relative;the close relative of the person's partner; orthe close relative of a child or young person for whom the person or the person's partner is responsible,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.the person intends to return to occupy the main dwelling as his home;the part of the main dwelling normally occupied by the person has not been let or, as the case may be, sub-let; andthe period of absence outside Great Britain is unlikely to exceed 26 weeks.in the opening words for “dwelling he normally occupies as his home (“absence”) ” substitute “ main dwelling ”;in sub-paragraphs (a) and (b) for “dwelling” substitute “ main dwelling ”;in sub-paragraphs (c) (iii) , (iv) and (vii) omit “, in the United Kingdom or elsewhere,”;in sub-paragraph (c) (v) omit “residing in the United Kingdom or elsewhere”;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.
    ;    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;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; orabsence 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.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.
    ;    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.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) .
    The period of 52 weeks referred to in paragraph (17) shall run or continue to run during any period of absence from Great Britain.a person returns to Great Britain after a period of absence from Great Britain;he has been absent from the main dwelling for less than 52 weeks beginning with the first day of absence from that dwelling; andat 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,is a person described in any of sub-paragraphs (c) (ii) , (iii) , (vii) or (x) of that paragraph;is temporarily absent from Great Britain; andimmediately before that period of temporary absence, occupied the main dwelling as his home or was treated as so occupying that dwelling,is a person described in any of sub-paragraphs (c) (i) , (iv) , (v) , (vi) , (viii) or (ix) of that paragraph;is temporarily absent from Great Britain; andimmediately before that period of temporary absence, occupied the main dwelling as his home or was treated as so occupying that dwelling,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...

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