The Housing Accommodation and Homelessness (Persons subject to Immigration Control) (Northern Ireland) Order 1998

Classes specified under section 9(2)

5.—(1) The classes of persons specified for the purposes of section 9(2) of the Act are those specified in Classes A to D of article 4 and—

• Class G—a person who has made a claim for asylum which is recorded by the Secretary of State as having been made on his arrival (other than on re-entry) in the United Kingdom from a country outside the Common Travel Area and which has not been recorded by the Secretary of State as having been determined or abandoned;

• Class H—a person who becomes an asylum seeker, that is to say—

  (i)

  whilst that person is present in Northern Ireland the Secretary of State makes a declaration to the effect that the country of which that person is a national is subject to such a fundamental change in circumstances that he would not normally order the return of a person to that country; and

  (ii)

  that person makes a claim for asylum which is recorded by the Secretary of State as having been made within 3 months from the day on which that declaration was made,

  provided that the claim for asylum has not been recorded by the Secretary of State as having been determined or abandoned.

• Class I—a person (other than a person falling within Class G)—

  (i)

  who on or before 4th February 1996 made a claim for asylum;

  (ii)

  who was on that date entitled to benefit under the Housing Benefit (General) Regulations (Northern Ireland) 1987(1); and

  (iii)

  either—

  (a)

  whose claim has not been recorded by the Secretary of State as having been determined or abandoned; or

  (b)

  whose claim has been recorded as determined on or before 4th February 1996; and

  (aa)

  whose appeal in respect of that claim was pending on 5th February 1996 or was made within the time limits specified in the rules of procedure made under section 22 of the 1971 Act; and

  (bb)

  whose appeal in respect of that claim has not been determined or abandoned;

• Class J—a person who is on an income-based jobseeker’s allowance or in receipt of income support.

(2) For the purposes of the description of Class J—

(i) “an income-based jobseeker’s allowance” means an income-based jobseeker’s allowance within Article 3(4) of the Jobseekers (Northern Ireland) Order 1995(2);

(ii) “income support” has the same meaning as in the Social Security Contributions and Benefits (Northern Ireland) Act 1992(3); and

(iii) a person is on an income-based jobseeker’s allowance—

(a) on any day in respect of which an income-based jobseeker’s allowance is payable to him; and

(b) on any day—

(aa) in respect of which he satisfies the conditions for entitlement to an income-based jobseeker’s allowance but where the allowance is not paid in accordance with Article 21 of the Jobseekers (Northern Ireland) Order 1995 (circumstances in which a jobseeker’s allowance is not payable); or

(bb) which is a waiting day for the purposes of paragraph 4 of Schedule 1 to that Order and which falls immediately before a day in respect of which an income-based jobseeker’s allowance is payable to him or would be payable to him but for Article 21 of that Order.

(1)

S.R. 1987 No. 461; relevant amending regulations are S.R. 1994 No. 80 and S.R. 1994 No. 266.

(2)

S.I. 1995/2705 (NI 15).

(3)

1992 c. 7.