The Persons subject to Immigration Control (Housing Authority Accommodation and Homelessness) (Amendment) Order 2008

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Persons subject to Immigration Control (Housing Authority Accommodation and Homelessness) Order 2000 S.I. 2000/706 (“the 2000 Order”) which specifies, in accordance with sections 118, 119 and 166(3) of the Immigration and Asylum Act 1999, certain categories of person subject to immigration control who may be eligible for housing authority accommodation or homelessness assistance.

Article 3 of the 2000 Order specifies categories of persons subject to immigration control who are eligible for housing authority accommodation in England, Scotland and Northern Ireland and article 7 of the 2000 Order specifies categories of persons subject to immigration control who are eligible for homelessness assistance in Scotland and Northern Ireland. This Order amends the 2000 Order so that persons subject to immigration control are not, by virtue of being:

(a) a national of a state which has ratified the European Convention on Social and Medical Assistance 1953(1) or the European Social Charter 1961(2);

(b) lawfully present in the United Kingdom; and

(c) habitually resident in the Common Travel Area,

eligible for housing authority accommodation in England, Scotland and Northern Ireland (article 2(3)) and homelessness assistance in Scotland and Northern Ireland (article 2(4)).

Article 8 of the 2000 Order specifies categories of persons subject to immigration control who are eligible for homelessness assistance in Northern Ireland and article 9 of the 2000 Order specifies categories of persons subject to immigration control who are eligible for homelessness assistance in Scotland. This Order amends the 2000 Order so that persons subject to immigration control are not eligible for homelessness assistance in Northern Ireland (article 2(5)) and Scotland (article 2(6)) by virtue of being a person who is on an income based jobseeker’s allowance or in receipt of income support and who is eligible for such allowance or support other than because:

(i) he has limited leave to enter or remain in the United Kingdom which was given in accordance with the relevant immigration rules and he is temporarily without funds because remittances to him from abroad have been disrupted; or

(ii) he has been deemed by regulation 3 of the Displaced Persons (Temporary Protection) Regulations 2005 to have been granted leave to enter or remain in the United Kingdom exceptionally for the purposes of the provision of means of subsistence.

(1)

European Treaty Series No. 14, Paris, 11 December 1953.

(2)

European Treaty Series No. 35, Turin, 18 October 1961.