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Part VIIE+W Homelessness


Modifications etc. (not altering text)

C1Pt. VII (ss. 175-218) modified (20.1.1997) by S.I. 1996/3205, art. 3, Sch.2

Pt. VII (ss. 175-218) applied (with modifications) (temp.) (6.12.1999) by S.I. 1999/3126, arts.2, 7

Pt. VII (ss. 175-218): power to apply (with modifications) (transitional provision) (11.11.1999) by 1999 c. 33, s. 169(2), Sch. 15 para. 13

Eligibility for assistanceE+W

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 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 [F2a person falling within subsection (5)]

(a)is homeless or threatened with homelessness, or

(b)has a priority need for accommodation.

[F3(5)A person falls within this subsection if the person—

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

(b)is not a national of an EEA State or Switzerland.]


Amendments (Textual)

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

F2Words in s. 185(4) substituted (2.3.2009 for specified purposes) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 15 para. 4(2); S.I. 2009/415, art. 2

Modifications etc. (not altering text)

C2Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art. 2(1)

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