The Department of Work and Pensions (DWP) laid emergency regulations last week to ensure that people recently evacuated by the government from Israel and the Occupied Palestinian Territories could apply for means-tested, disability and carer benefits straight away. Without these regulations they, and others, would have to wait 1-3 months before claiming means-tested benefits, and up to two years for disability and carer benefits.[1]
However, these regulations do more than simply tackle the problem for people affected by the recent escalation of violence between Israel and Iran. They are intended to solve the problem for people in similar humanitarian crises in the future – in line with our earlier advice.
In recent years, DWP has had repeatedly to lay emergency legislation to exempt those arriving from Afghanistan (2021),[2] Ukraine (2022),[3] Sudan (2023) and the Middle East (2023) from DWP’s residency tests. Developing legislation rapidly in the face of humanitarian crises inevitably raises the risk of error and/or oversight. Therefore the Social Security Advisory Committee (SSAC), during its statutory scrutiny of such regulations, has since 2021 consistently recommended to successive ministers that they introduce a standard legislative framework that would cover future similar humanitarian situations without the requirement to bring forward new regulations. This would ensure that people in similar circumstances would be treated consistently and enable DWP to respond faster to emergencies. Bringing forward a legislative framework of this nature is not without complexity and requires significant negotiation to secure cross-government agreement. I am pleased that, notwithstanding those challenges, the Government has acted on our advice.
Understandably given the circumstances, DWP had to lay these regulations urgently, so SSAC has not formally consulted on them before they came into force on 18 July 2025. However, SSAC look forward to giving them our normal full scrutiny at our next meeting in September 2025.
[1] For means tested benefits people have must have taken up residence in the UK and lived here for an appreciable period of time. Case law suggests this should be 1-3 months. For disability and carer benefits people must have been present in GB for 2 out of last 3 years
[2] SSAC to the Minister for Welfare Delivery: The Social Security (Habitual Residence and Past Presence) Amendment Regulations 2021 - GOV.UK
[3] SSAC to the Minister for Welfare Delivery: The Social Security (Habitual Residence and Past Presence) Amendment Regulations 2022 – GOV.UK
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