The Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006
| Jurisdiction | UK Non-devolved |
| Citation | SI 2006/1294 |
| Year | 2006 |
2006 No. 1294
HOUSING, ENGLAND
The Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006
Made 11th May 2006
Laid before Parliament 11th May 2006
Coming into force 1st June 2006
The Secretary of State, in exercise of the powers conferred by sections 160A(3) and (5), 172(4), 185(2) and (3) and 215(2) of the Housing Act 19961makes the following Regulations:
Citation, commencement and application
1.—(1) These Regulations may be cited as the Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006 and shall come into force on 1st June 2006.
(2) These Regulations apply to England only.
Interpretation
2.—(1) In these Regulations—
“the 1996 Act” means the Housing Act 1996;
“the Accession Regulations” means the Accession (Immigration and Worker Registration) Regulations 20042;
“the EEA Regulations” means the Immigration (European Economic Area) Regulations 20063;
“the Immigration Rules” means the rules laid down as mentioned in section 3(2) of the Immigration Act 19714(general provisions for regulation and control);
“the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 195111, as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 196712; and
“sponsor” means a person who has given an undertaking in writing for the purposes of the Immigration Rules to be responsible for the maintenance and accommodation of another person.
(2) For the purposes of these Regulations—
(a)
(a) “jobseeker”, “self-employed person”, and “worker” have the same meaning as for the purposes of the definition of a “qualified person” in regulation 6(1) of the EEA Regulations5; and
(b)
(b) subject to paragraph (3), references to the family member of a jobseeker, self-employed person or worker shall be construed in accordance with regulation 7 of those Regulations.
(3) For the purposes of regulations 4(2)(d) and 6(2)(d) “family member” does not include a person who is treated as a family member by virtue of regulation 7(3) of the EEA Regulations.
Persons subject to immigration control who are eligible for an allocation of housing accommodation
3. The following classes of persons subject to immigration control are persons who are eligible for an allocation of housing accommodation under Part 6 of the 1996 Act—
(a) Class A – a person who is recorded by the Secretary of State as a refugee within the definition in Article 1 of the Refugee Convention and who has leave to enter or remain in the United Kingdom;
(b) Class B – a person—
(i) who has exceptional leave to enter or remain in the United Kingdom granted outside the provisions of the Immigration Rules; and
(ii) who 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) Class C – a person who is habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland and whose leave to enter or remain in the United Kingdom is not subject to any limitation or condition, other than a person—
(i) who has been given leave to enter or remain in the United Kingdom upon an undertaking given by his sponsor;
(ii) who has been resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland for less than five years beginning on the date of entry or the date on which his sponsor gave the undertaking 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; and
(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.
Other persons from abroad who are ineligible for an allocation of housing accommodation
4.—(1) A person who is not subject to immigration control is to be treated as a person from abroad who is ineligible for an allocation of housing accommodation under Part 6 of the 1996 Act if—
(a)
(a) subject to paragraph (2), he is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man, or the Republic of Ireland;
(b)
(b) his only right to reside in the United Kingdom—
(i) is derived from his status as a jobseeker or the family member of a jobseeker; or
(ii) is an initial right to reside for a period not exceeding three months under regulation 13 of the EEA Regulations; or
(c)
(c) his only right to reside in the Channel Islands, the Isle of Man or the Republic of Ireland is a right equivalent to one of those mentioned in sub-paragraph (b) which is derived from the Treaty establishing the European Community.
(2) The following are not to be treated as persons from abroad who are ineligible for an allocation of housing accommodation pursuant to paragraph (1)(a)—
(a)
(a) a worker;
(b)
(b) a self-employed person;
(c)
(c) a person who is an accession state worker requiring registration who is treated as a worker for the purpose of the definition of “qualified person” in regulation 6(1) of the EEA Regulations pursuant to regulation 5 of the Accession Regulations6;
(d)
(d) a person who is the family member of a person specified in sub-paragraphs (a)-(c);
(e)
(e) a person with a right to reside permanently in the United Kingdom by virtue of regulation 15(c), (d) or (e) of the EEA Regulations;
(f)
(f) a person who left the territory of Montserrat after 1st November 1995 because of the effect on that territory of a volcanic eruption; and
(g)
(g) a person who is in the United Kingdom as a result of his deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom.
Persons subject to immigration control who are eligible for housing assistance
5.—(1) The following classes of persons subject to immigration control are persons who are eligible for housing assistance under Part 7 of the 1996 Act—
(a)
(a) Class A – a person who is recorded by the Secretary of State as a refugee within the definition in Article 1 of the Refugee Convention and who has leave to enter or remain in the United Kingdom;
(b)
(b) Class B – a person—
(i) who has exceptional leave to enter or remain in the United Kingdom granted outside the provisions of the Immigration Rules; and
(ii) whose leave to enter or remain 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 is habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland and whose leave to enter or remain in the United Kingdom is not subject to any limitation or condition, other than a person—
(i) who has been given leave to enter or remain in the United Kingdom upon an undertaking given by his sponsor;
(ii) who has been resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland for less than five years beginning on the date of entry or the date on...
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