The Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations (NI) 2025 - screening
Date published:
To claim income-related and disability and carer benefits, an individual must normally be habitually resident in the Common Travel Area, which includes the requirement to have served an ‘appreciable period of residence’ in NI, normally between 1 and 3 months. This, together with the requirement to have a right to reside (for income-related benefits only) is known as the “habitual residence test” (HRT). They must also satisfy the past presence test (PPT) for disability and carer benefits, meaning they must have been present in NI for a specified number of weeks over a reference period.
The proposed Regulations will provide for exemptions to these tests to facilitate early access to benefits for certain individuals coming here as a result of overseas crises, to avoid the need for country-specific legislation each time a crisis occurs. Provision will also be made to continue benefit payments for existing claimants stranded overseas in certain circumstances.
Exisiting/Revised/New: New
Date of Screening: 22/07/2025
Screening Outcome - Full EQIA recommended: No