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

Statutory Rules of Northern Ireland

2019 No. 86

Exiting The European Union

Housing

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

Made

11th April 2019

To be laid before Parliament

16th April 2019

Coming into operation

7th May 2019

The Secretary of State makes the following Regulations in exercise of the powers conferred by Article 22A(3) of the Housing (Northern Ireland) Order 1981(1) and Article 7A(2) of the Housing (Northern Ireland) Order 1988(2):

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(3) 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(4) by virtue of Appendix EU to the immigration rules made under section 3 of that Act(5) 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

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the provisions of the Allocation of Housing and Homelessness (Eligibility) Regulations (Northern Ireland) 2006 (S.R. 2006 No. 397) (“the Northern Ireland Eligibility Regulations”) which determine which persons from abroad, other than persons subject to immigration control, are ineligible for an allocation of housing accommodation under the Housing (Northern Ireland) Order 1981 (S.I. 1981/156 (N.I. 3)), or for housing assistance under Part II of the Housing (Northern Ireland) Order 1988 (S.I. 1988/1990 (N.I. 23)). For these purposes, ‘person subject to immigration control’ has the meaning given in sections 118 and 119 of the Immigration and Asylum Act 1999 (c. 33).

Under regulations 3 and 4 of the Northern Ireland Eligibility Regulations, a person who is not subject to immigration control is ineligible for an allocation of social housing and for housing assistance respectively where they are not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland or their only right to reside in those places is—

(a) as an EEA ‘jobseeker’ or as the ‘family member’ of an EEA jobseeker;

(b) an initial right to reside for a period not exceeding three months under the Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052) (“the EEA Regulations”);

(c) because they are a non-EEA national primary carer of an EEA dependant under the EEA Regulations.

Regulations 3(a) and 4(a) amend those provisions. The effect of the amendments is to maintain the status quo so that where a person with a right to reside of the type mentioned above is also granted limited leave to enter or remain in the United Kingdom pursuant to Appendix EU of the immigration rules, this does not affect their eligibility.

Regulations 3(b) and 4(b) amend an incorrect cross-reference to the Immigration (European Economic Area) Regulations 2006 (S.I. 2006/1003) (“the EEA Regulations 2006”). Whilst the EEA Regulations 2006 have been revoked by the Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052) (“the EEA Regulations 2016”), the effect of paragraph 1 of Schedule 7 to the EEA Regulations 2016 is that references to the EEA Regulations 2006 in the Northern Ireland Eligibility Regulations are to be read as references to the corresponding provisions of the EEA Regulations 2016.

An impact assessment has not been produced for this rule as no impact on the private or voluntary sector is foreseen.

(1)

S.I. 1981/156 (N.I. 3); Article 22A was inserted by Article 124 of S.I. 2003/412 (N.I. 2)

(2)

S.I. 1988/1990 (N.I. 23); Article 7A was inserted by Article 137 of S.I. 2003/412 (N.I. 2)

(3)

S.R. 2006 No. 397; amended by S.R. 2012 No. 429. There are other amending Regulations but none is relevant

(4)

1971 c.77. The amendments to section 3 are not relevant to these Regulations

(5)

Laid before Parliament on 23rd May 1994 (HC 395), as amended. Appendix EU was laid before Parliament on 20th July 2018 (CM 9675)