Residence tests for certain persons arriving from Israel, the Occupied Palestinian Territories or Le

The DWP confirms that the regulations which came into force on the 27 October 2023, make changes to

Income-related benefit regulations such as Income Support, Jobseekers Allowance and Universal Credit; and

Disability and carer benefit regulations relating to Carers Allowance, Attendance Allowance, Disability Living Allowance and Personal Independence Payment.

The new guidance advises that the regulations exempt the following categories of persons from having to satisfy the habitual residence test (HRT) or past presence test (PPT)

Those with pre-existing right of abode in the UK (including British nationals)

Those not required to hold leave to enter or remain in the UK (Irish nationals)

Those granted leave under the Immigration Rules (as long as they have recourse to public funds) and

For disability and carers benefits only, those granted leave outside the Immigration Rules as long as they have recourse to public funds (for income-related benefits

Claimants also need to meet the following criteria

They were residing in Israel, the OPTs, or Lebanon immediately before 7 October 2023 and

They left Israel, the OPTs, or Lebanon in connection with the Hamas attack on 7 October 2023 or the violence which escalated in the region following the attack.

The DWP also provides guidance on additional provision made by the regulations that disregards compensation payments made by the Victims of Overseas Terrorism Compensation scheme, either to victims of terrorist attacks or to their next of kin, in the calculation entitlement to means-tested benefits.

At the same time regulations were also introduced to ensure that United Kingdom nationals and individuals with an immigration status which does not prevent them from accessing Child Benefit are exempt from the requirement to have been living in the UK for at least three months before becoming entitled to claim.

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