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11 April, 2022 Open access

Exemption from requirement to satisfy habitual residence test or past presence test for people arriving in Great Britain from Ukraine

New DWP guidance

The DWP has issued new guidance to decision makers on the exemption from the requirement to satisfy the habitual residence test (HRT) or past presence test (PPT) for people arriving in Great Britain from Ukraine.

In ADM Memo 11/22 and DMG Memo 8/22 the Department provides guidance on the Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2022 (SI.No.344/2022) that add new categories to the list of those who are exempted from having to satisfy -

The DWP advises that - subject to the person also meeting the criteria of residing in Ukraine immediately before 1 January 2022 and leaving in connection with the Russian invasion of 24 February 2022 - the two new categories are -

In addition, the DWP confirms that the regulations make two further separate amendments in relation to persons granted leave outside the Immigration Rules -

‘From the coming into force of these regulations, claimants who have been granted any type of leave outside the Rules with recourse to public funds no longer have to satisfy the HRT in relation to income-related benefits. This includes the categories of leave outside the Rules which were previously listed as exempt in income benefit regulations such as discretionary and domestic violence concessionary leave but now also covers other types of leave granted outside of the Rules such as ... leave granted by the Home Office under the Ukraine Scheme which operates on a concessionary basis until the changes are made to the Immigration Rules as relevant.'

ADM Memo 11/22 and DMG Memo 8/22 are available from gov.uk