The Allocation of Housing and Homelessness (Eligibility) (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

Citation and commencement

1.  These Regulations may be cited as the Allocation of Housing and Homelessness (Eligibility) (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 and shall come into operation on 7th May 2019.

Amendment of the Allocation of Housing and Homelessness (Eligibility) Regulations (Northern Ireland) 2006

2.  The Allocation of Housing and Homelessness (Eligibility) Regulations (Northern Ireland) 2006(1) are amended as follows.

Amendments to regulation 3

3.  In regulation 3 (persons from abroad who are ineligible for an allocation of housing accommodation)—

(a) after paragraph (1) insert—

“(1A) For the purposes of determining whether the only right to reside that a person has is of the kind mentioned in paragraph (1)(b) or (c), a right to reside by virtue of having been granted limited leave to enter or remain in the United Kingdom under the Immigration Act 1971(2) by virtue of Appendix EU to the immigration rules made under section 3 of that Act(3) is to be disregarded.”;

(b) in paragraph (2)(e), for “15(c)” substitute “15(1)(c)”.

Amendments to regulation 4

4.  In regulation 4 (persons from abroad who are ineligible for housing assistance)—

(a) after paragraph (1) insert—

“(1A) For the purposes of determining whether the only right to reside that a person has is of the kind mentioned in paragraph (1)(b) or (c), a right to reside by virtue of having been granted limited leave to enter or remain in the United Kingdom under the Immigration Act 1971 by virtue of Appendix EU to the immigration rules made under section 3 of that Act is to be disregarded.”;

(b) in paragraph (2)(e), for “15(c)” substitute “15(1)(c)”.

Transitional provision

5.  The amendments made by these Regulations do not have effect in relation to an application for—

(a) an allocation of housing accommodation under the Housing (Northern Ireland) Order 1981; or

(b) housing assistance under Part II of the Housing (Northern Ireland) Order 1988,

which was made before the coming into operation of these Regulations.

Signed by authority of the Secretary of State for Housing, Communities and Local Government

Kit Malthouse

Minister of State

Ministry of Housing, Communities and Local Government

11th April 2019