The Homelessness Regulations (Northern Ireland) 2003

Citation and commencement

1.  These Regulations may be cited as the Homelessness Regulations (Northern Ireland) 2003 and shall come into operation on 1st November 2003.

Interpretation

2.  In these Regulations –

“the Common Travel Area” means the United Kingdom, the Channel Islands, the Isle of Man and the Republic of Ireland collectively;

“income-based jobseeker’s allowance” has the same meaning as in Article 3(4) of the Jobseekers (Northern Ireland) Order 1995(1);

“income support” means income support under Part VII of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(2);

“the Order” means the Housing (Northern Ireland) Order 1988; and

“pension credit” means the guarantee credit element of state pension credit under section 2 of the State Pension Credit Act (Northern Ireland) 2002(3).

Descriptions of persons who are to be treated as persons from abroad ineligible for housing assistance

3.  For the purposes of paragraph (1)(b) of Article 7A of the Order, the following is a description of persons who are to be treated as persons from abroad who are ineligible for assistance under Part II (housing the homeless) of the Order –

A person who is not habitually resident in the Common Travel Area other than –

(a) a worker for the purposes of Council Regulation (EEC) No. 1612/68(4) or (EEC) No. 1251/70(5);

(b) a person with a right to reside in the United Kingdom pursuant to the Immigration (European Economic Area) Regulations 2000(6) and derived from Council Directive No. 68/360/EEC(7) or No. 73/148/EEC(8);

(c) a person who left the territory of Montserrat after 1st November 1995 because of the effect on that territory of a volcanic eruption;

(d) a person who is on an income-based jobseeker’s allowance or in receipt of income support or pension credit.

Paul Murphy

One of Her Majesty’s Principal Secretaries of State

Northern Ireland Office

6th September 2003