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The Allocation of Housing and Homelessness (Eligibility) (Wales) Regulations 2014

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Other persons from abroad who are ineligible for housing assistance

6.—(1) A person who is not subject to immigration control is to be treated as a person from abroad who is ineligible for housing assistance under Part 7 of the 1996 Act if—

(a)subject to paragraph (2), the person is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man, or the Republic of Ireland;

(b)the person’s only right to reside in the United Kingdom—

(i)is derived from the person’s status as a jobseeker or a family member of a jobseeker; or

(ii)is an initial right to reside for a period not exceeding three months under regulation 13 of the EEA Regulations; or

(iii)is a derivative right to reside to which the person is entitled under regulation 15A(1) of the EEA Regulations, but only in a case where the right exists under that regulation because the applicant satisfies the criteria in regulation 15A(4A) of those Regulations; or

(iv)is derived from Article 20 of the Treaty on the Functioning of the European Union in a case where the right to reside arises because a British citizen would otherwise be deprived of the genuine enjoyment of the substance of their rights as a European Union citizen; or

(c)the person’s only right to reside in the Channel Islands, the Isle of Man or the Republic of Ireland—

(i)is a right equivalent to one of those mentioned in sub-paragraph (b)(i), (ii) or (iii) which is derived from the Treaty on the Functioning of the European Union; or

(ii)is derived from Article 20 of the Treaty of the Functioning of the European Union in a case where the right to reside—

(aa)in the Republic of Ireland arises because an Irish citizen; or

(bb)in the Channel Islands or the Isle of Man arises because a British citizen also entitled to reside there,

would otherwise be deprived of the genuine enjoyment of the substance of their rights as a European Union citizen.

(2) The following are not to be treated as persons from abroad who are ineligible for an allocation of housing accommodation pursuant to paragraph (1)(a)—

(a)a worker;

(b)a self-employed person;

(c)a person who is treated as a worker for the purpose of the definition of “qualified person” in regulation 6(1) of the EEA Regulations pursuant to regulation 5 of the Accession Regulations 2013 (right of residence of an accession State national subject to worker authorisation);

(d)a person who is the family member of a person specified in sub-paragraphs (a)-(c);

(e)a person with a right to reside permanently in the United Kingdom by virtue of regulation 15(1)(c), (d) or (e) of the EEA Regulations; and

(f)a person who is in the United Kingdom as a result of the person’s deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom.

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