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SCHEDULES

SCHEDULE 15Ineligible persons from abroad: statutory disregards

Part 2Scotland and Northern Ireland

Housing (Northern Ireland) Order 1988 (S.I. 1988/1990 (N.I. 23))

19(1)Article 9 (notification of decision and reasons) is amended as follows.

(2)After paragraph (3) insert—

(3A)If the Executive decides that the applicant is homeless, threatened with homelessness or has a priority need but would not have done so without having had regard to a restricted person, it shall also notify him of—

(a)the fact that its decision was reached on that basis,

(b)the name of the restricted person,

(c)the reason why the person is a restricted person, and

(d)the effect of Article 10(2E) and (2F) or (as the case may be) 11(2A) and (2B).

(3)After paragraph (5) insert—

(6)In this Article “a restricted person” means a person—

(a)who is not eligible for assistance under this Part,

(b)who is subject to immigration control within the meaning of the Asylum and Immigration Act 1996, and

(c)either—

(i)who does not have leave to enter or remain in the United Kingdom, or

(ii)whose leave to enter or remain in the United Kingdom is subject to a condition to maintain and accommodate himself, and any dependants, without recourse to public funds.