The Homelessness Regulations (Northern Ireland) 2004

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

3.—(1) For the purposes of paragraph (1)(b) of Article 7A of the Order, the following are descriptions of persons, other than persons who are subject to immigration control, who are to be treated as persons from abroad who are ineligible for assistance under Part II (housing the homeless) of the Order –

(a) subject to paragraphs (2) and (3), a person who is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland;

(b) a person whose right to reside in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland is derived solely from Council Directive No. 90/364/EEC(1) or Council Directive No. 90/365/EEC(2).

(2) The following persons shall not, however, be treated as persons from abroad who are ineligible pursuant to paragraph 1(a) –

(a) a person who is a worker for the purposes of Council Regulation (EEC) No. 1612/68(3) or (EEC) No. 1251/70(4);

(b) 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 5(1) of the Immigration (European Economic Area) Regulations 2000(5) pursuant to regulation 5 of the Accession (Immigration and Worker Registration) Regulations 2004(6);

(c) a person with a right to reside pursuant to the Immigration (European Economic Area) Regulations 2000, which is derived from Council Directive No. 68/360/EEC(7), No. 73/148/EEC(8) or 75/34/EEC(9);

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

(3) A person shall not be treated as habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland for the purposes of paragraph (1)(a) if he does not have a right to reside in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland.

(1)

O.J. No. L180, 13.7.90, p. 26

(2)

O.J. No. L180, 13.7.90, p. 28

(3)

O.J. No. L257, 19.10.68, p. 2, Special Edition 1968 (II) p. 475, to which there are amendments not relevant to these Regulations

(4)

O.J. No. L142, 30.6.70, p. 24, Special Edition 1970 (II) p. 402

(5)

S.I. 2000/2326 as amended by S.I. 2001/865, 2003/549 and 2004/1236

(6)

S.I. 2004/1219

(7)

O.J. No. L257, 19.10.68, p. 13, Special Edition 1968 (II) p. 485, to which there are amendments not relevant to these Regulations

(8)

O.J. No. L172, 28.6.73, p. 14

(9)

O.J. No. L014, 20.01.75, p.10