The Homelessness Regulations 1996

Explanatory Note

(This note is not part of the Regulations)

A person who is subject to immigration control within the meaning of the Asylum and Immigration Act 1996 is not eligible for housing assistance under Part VII of the Housing Act 1996 (homelessness) unless he is of a class prescribed by the Secretary of State (section 185(2)). The Secretary of State may make provision as to other descriptions of persons who are to be treated as persons from abroad who are ineligible for housing assistance (section 185(3)). These Regulations prescribe classes of persons for the purpose of section 185(2) (regulation 3) and make provision as to other descriptions of persons of the purpose of section 185(3) (regulation 4).

These Regulations, in regulation 5, also prescribe the minimum period of notice which a local housing authority must give of their ceasing to exercise the power to secure accommodation under section 194 of the Housing Act 1996.

Under section 198 of the Housing Act 1996 one of the conditions for referral of a homelessness case to another authority is that the applicant was placed in accommodation in the district of the authority to whom his application is now made pursuant to a previous application made within a prescribed period to that other authority. Regulation 6 of these Regulations prescribes that period.