Homelessness (England) Regulations 2000
| Jurisdiction | UK Non-devolved |
| Citation | SI 2000/701 |
| Year | 2000 |
2000 No. 701
HOUSING, ENGLAND
The Homelessness (England) Regulations 2000
Made 10th March 2000
Laid before Parliament 13th March 2000
Coming into force 3rd April 2000
The Secretary of State for the Environment, Transport and the Regions, in exercise of the powers conferred on him by sections 185(2) and (3), 194(6), 198(4) and 215(2) of the Housing Act 19961, and of all other powers enabling him in that behalf, hereby makes the following Regulations:
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Homelessness (England) Regulations 2000 and shall come into force on 3rd April 2000.
(2) These Regulations extend to England only.
Interpretation
2.—(1) In these Regulations—
“the 1971 Act” means the Immigration Act 19712;
“the 1995 Act” means the Jobseekers Act 19953;
“the 1996 Act” means the Housing Act 1996;
“asylum-seeker” means a person who is not under 18 and who made a claim for asylum which is recorded by the Secretary of State as having been made before 3rd April 2000 but which has not been determined;
“claim for asylum” means a claim that it would be contrary to the United Kingdom’s obligations under the Refugee Convention for the claimant to be removed from, or required to leave, the United Kingdom;
“the Common Travel Area” means the United Kingdom, the Channel Islands, the Isle of Man and the Republic of Ireland collectively;
“the immigration rules” means the rules laid down as mentioned in section 3(2) of the 1971 Act (general provisions for regulation and control);
“limited leave” means leave under the 1971 Act to enter or remain in the United Kingdom which is limited as to duration; and
“the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 19514, as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 19675.
(2) For the purposes of the definition of “asylum-seeker”, a claim for asylum is determined at the end of such period beginning—
(a)
(a) on the day on which the Secretary of State notifies the claimant of his decision on the claim; or
(b)
(b) if the claimant has appealed against the Secretary of State’s decision, on the day on which the appeal is disposed of,
as may be prescribed under section 94(3) of the Immigration and Asylum Act 19996.
(3) For the purposes of regulations 3(1)(i) (Class I) and 4(d)—
(a)
(a) “an income-based jobseeker’s allowance” means a jobseeker’s allowance, payable under the 1995 Act, entitlement to which is based on the claimant satisfying conditions which include those set out in section 3 of the 1995 Act (the income-based conditions);
(b)
(b) “income support” has the same meaning as in section 124 of the Social Security Contributions and Benefits Act 19927(income support); and
(c)
(c) a person is on an income-based jobseeker’s allowance on any day in respect of which an income-based jobseeker’s allowance is payable to him and on any day—
(i) in respect of which he satisfies the conditions for entitlement to an income-based jobseeker’s allowance but where the allowance is not paid in accordance with section 19 of the 1995 Act8(circumstances in which jobseeker’s allowance is not payable); or
(ii) which is a waiting day for the purposes of paragraph 4 of Schedule 1 to the 1995 Act (waiting days) and which falls immediately before a day in respect of which an income-based jobseeker’s allowance is payable to him or would be payable to him but for section 19 of the 1995 Act.
Classes of persons subject to immigration control who are eligible for housing assistance
3.—(1) The following are classes of persons prescribed for the purposes of section 185(2) of the 1996 Act (persons subject to immigration control who are eligible for housing assistance)—
(a)
(a) Class A—a person recorded by the Secretary of State as a refugee within the definition in Article 1 of the Refugee Convention;
(b)
(b) Class B—a person—
(i) who has been granted by the Secretary of State exceptional leave to enter or remain in the United Kingdom outside the provisions of the immigration rules; and
(ii) whose leave is not subject to a condition requiring him to maintain and accommodate himself, and any person who is dependent on him, without recourse to public funds;
(c)
(c) Class C—a person who has current leave to enter or remain in the United Kingdom which is not subject to any limitation or condition and who is habitually resident in the Common Travel Area other than a person—
(i) who has been given leave to enter or remain in the United Kingdom upon an undertaking given by another person (his “sponsor”) in writing in pursuance of the immigration rules to be responsible for his maintenance and accommodation;
(ii) who has been resident in the United Kingdom for less than five years beginning on the date of entry or the date on which the undertaking was given in respect of him, whichever date is the later; and
(iii) whose sponsor or, where there is more than one sponsor, at least one of whose sponsors, is still alive;
(d)
(d) Class D—a person who left the territory of Montserrat after 1st November 1995 because of the effect on that territory of a volcanic eruption;
(e)
(e) Class E—a person who is habitually resident in the Common Travel Area and who—
(i) is a national of a state which has ratified the European Convention on Social and Medical Assistance done at Paris on 11th December 19539or a state which has ratified the European Social Charter done at Turin on 18th October 196110and is lawfully present in the United Kingdom; or
(ii) before 3rd April 2000 was owed a duty by a housing authority under Part III of the Housing Act 198511(housing the homeless) or Part VII of the 1996 Act (homelessness) which is extant, and who is a national of a state which is a signatory to the European Convention on Social and Medical Assistance done at Paris on 11th December 1953 or a state which is a signatory to the European Social Charter done at Turin on 18th October 1961;
(f)
(f) Class F—a person who is an asylum-seeker and who made a claim for asylum—
(i) which is recorded by the Secretary of State as having been made on his arrival (other than on his re-entry) in the United Kingdom from a country outside the Common Travel Area; and
(ii) which has not been recorded by the Secretary of State as having been either decided (other than on appeal) or abandoned;
(g)
(g) Class G—a person who is an asylum-seeker and—
(i) who was in Great Britain when the Secretary of State made a declaration to the effect that the country of which that person is a national is subject to such a fundamental change in circumstances that he would not normally order the return of a person to that country;
(ii) who made a claim for asylum which is recorded by the Secretary of State as having been made within a period of three months from the day on which that declaration was made; and
(iii) whose claim for asylum has not been recorded by the Secretary of State as having been either decided (other than on appeal) or abandoned;
(h)
(h) Class H—a person who is an asylum-seeker and—
(i) who made a relevant claim for asylum on or before 4th February 1996; and
(ii) who was, on 4th February 1996, entitled to benefit under regulation 7A of the...
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