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Housing Act 1996

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Changes to legislation:

Housing Act 1996, Section 185 is up to date with all changes known to be in force on or before 27 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes and effects yet to be applied to Section 185:

  • specified provision(s) savings for amendments by 2018 anaw 1, s. 6, Sch. 6 by S.I. 2019/110 reg. 5

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

  • Act savings and transitional provisions for amendments by S.I. 2022/1166 by S.I. 2022/1172 Regulations

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

185 Persons from abroad not eligible for housing assistance.E+W

(1)A person is not eligible for assistance under this Part if he is a person from abroad who is ineligible for housing assistance.

(2)A person who is subject to immigration control within the meaning of the M1Asylum and Immigration Act 1996 is not eligible for housing assistance unless he is of a class prescribed by regulations made by the Secretary of State.

[F1(2A)No person who is excluded from entitlement to [F2universal credit or] housing benefit by section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) shall be included in any class prescribed under subsection (2).]

(3)The Secretary of State may make provision by regulations as to other descriptions of persons who are to be treated for the purposes of this Part as persons from abroad who are ineligible for housing assistance.

(4)A person from abroad who is not eligible for housing assistance shall be disregarded in determining for the purposes of this Part whether [F3a person falling within subsection (5)]—

(a)is homeless or threatened with homelessness, or

(b)has a priority need for accommodation.

[F4(5)A person falls within this subsection if the person—

(a)falls within a class prescribed by regulations made under subsection (2); but

[F5(b)is not a person who, immediately before IP completion day, was—

(i)a national of an EEA State or Switzerland, and

(ii)within a class prescribed by regulations made under subsection (2) which had effect at that time.]]

Textual Amendments

F1S. 185(2A) substituted (26.2.2002) by 2002 c. 7, s. 18(2), Sch. 1 para. 7(1) (with s. 20(4))

F3Words in s. 185(4) substituted (2.3.2009 in relation to specified applications made on or after that date) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 15 para. 4(2); S.I. 2009/415, art. 2

F4S. 185(5) inserted (2.3.2009 in relation to specified applications made on or after that date) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 15 para. 4(3); S.I. 2009/415, art. 2

Modifications etc. (not altering text)

C1Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art. 2(1)

C2S. 185 functions made exercisable concurrently or jointly with the Welsh Ministers by 2006 c. 32, Sch. 3A para. 1 (as inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 4 para. 1 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(p))

Commencement Information

I1S. 185 wholly in force at 20.1.1997: s. 185 not in force at Royal Assent, see s. 232(1)-(3); s. 185(2)(3) in force for certain purposes at 1.10.1996 by S.I. 1996/2402, art. 4; s. 185 in force at 20.1.1997 to the extent it is not already in force by S.I. 1996/2959, art. 2

Marginal Citations

Yn ôl i’r brig

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