The Housing Benefit (Habitual Residence) (Amendment) Regulations 2025
The 2025 regulations amended the Housing Benefit Regulations 2006 to simplify the habitual residence assessment for housing benefit claimants already receiving universal credit.
The Housing Benefit (Habitual Residence) (Amendment) Regulations 2025, effective October 21, 2025, amend the 2006 Housing Benefit Regulations.
Specifically, they remove the habitual residence assessment for housing benefit applicants already receiving Universal Credit.
This simplification streamlines the application process by relying on the existing Universal Credit determination of habitual residence.
Arguments For
Simplifies the Housing Benefit application process for individuals already receiving Universal Credit by removing the need for a separate habitual residence assessment.
Aligns housing benefit eligibility with existing universal credit determinations, promoting administrative efficiency and reducing bureaucratic burden.
Prevents individuals from being disadvantaged by needing to prove their habitual residence when already receiving support through Universal Credit. This provides a more streamlined, less complex path to housing benefits.
Based on the principle that consistent processes and a reduced amount of assessment lead to a more efficient allocation of resources and avoid unnecessary delays and administrative costs to both recipients and the state.
Arguments Against
Potential for increased financial burden if individuals fraudulently claim Universal Credit to gain access to Housing Benefit.
May overlook nuances of individual circumstances, potentially leading to unfair benefit decisions in certain cases.
Lack of a comprehensive impact assessment could indicate insufficient analysis of potential unintended consequences and long-term effects on other benefit programs.
Could disadvantage individuals who don't qualify for Universal Credit but would otherwise qualify for Housing Benefit based on other habitual residence criteria.
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 123(1)(d), 137(2)(i) and 175(1) and (3) of the Social Security Contributions and Benefits Act 19921.
The Social Security Advisory Committee has agreed that the proposals in respect of these Regulations should not be referred to it, in accordance with section 173(1)(b) of the Social Security Administration Act 19922.
The Secretary of State has consulted with organisations appearing to the Secretary of State to be representative of the authorities concerned, in accordance with section 176(1)(a) of the Social Security Administration Act 19923.
The Secretary of State created these regulations using the powers granted by sections 123(1)(d), 137(2)(i), and 175(1) and (3) of the 1992 Social Security Contributions and Benefits Act.
The Social Security Advisory Committee approved this, and consultations were held with relevant organizations, as required by the 1992 Social Security Administration Act.
- Citation, commencement and extent (1) These Regulations may be cited as the Housing Benefit (Habitual Residence) (Amendment) Regulations 2025 and come into force on 21st October 2025. (2) These Regulations extend to England and Wales and Scotland.
These regulations are officially named the Housing Benefit (Habitual Residence) (Amendment) Regulations 2025.
They will take affect on October 21st, 2025 and apply to England, Wales, and Scotland.
- Amendment of the Housing Benefit Regulations 2006 In regulation 10 of the Housing Benefit Regulations 2006 (persons from abroad)4, for paragraph (3B)(k) substitute—
“((k))in receipt of income support, an income-related employment and support allowance or universal credit;”.
This section amends Regulation 10 of the 2006 Housing Benefit Regulations.
The change replaces paragraph (3B)(k), now including those receiving universal credit among those not considered 'persons from abroad' for housing benefit purposes.
This means that an individual claiming housing benefit, who also receives Universal Credit, is not subject to the habitual residence requirement within the 2006 regulations.
Signed by authority of the Secretary of State for Work and Pensions Stephen Timms Minister of State Department for Work and Pensions 1st September 2025
These amendments were signed by Stephen Timms, Minister of State at the Department for Work and Pensions, on September 1st, 2025.
Explanatory Note (This note is not part of the Regulations) These Regulations amend regulation 10 of the Housing Benefit Regulations 2006 (S.I. 2006/213) and apply to individuals claiming housing benefit.
Under regulation 10 of the Housing Benefit Regulations 2006, an individual claiming housing benefit who is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland is a person from abroad and treated as not having a liability to make payments in respect of the dwelling they occupy as the home. As a result, such an individual is not entitled to housing benefit. However, regulation 10(3B) of the Housing Benefit Regulations 2006 specifies circumstances in which an individual is not considered a person from abroad when claiming housing benefit, whether or not they are so habitually resident.
These Regulations amend regulation 10(3B) to ensure that, where an individual is already receiving universal credit, there is no need to consider whether or not they are habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland, when deciding whether they are a person from abroad for the purposes of housing benefit. Any determination as to whether they are habitually resident (or subject to one of the other exceptions from the need to consider whether they are habitually resident), will already have been made when the claim for universal credit was allowed.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary sector or community bodies is foreseen.
This explanatory note summarizes the regulation's impact.
It clarifies that the amendment to regulation 10 of the 2006 Housing Benefit Regulations removes the habitual residence check for individuals already receiving Universal Credit, streamlining the process.
The note also states that a full impact assessment wasn't deemed necessary due to the anticipated minimal impact on the private, voluntary, and community sectors.
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