1997 No. 628
HOUSING, ENGLAND AND WALES
HOUSING, SCOTLAND

The Homelessness (Persons subject to Immigration Control) (Amendment) Order 1997

Made
Laid before Parliament
Coming into force
The Secretary of State, in exercise of the powers conferred on him by section 9(2) of the Asylum and Immigration Act 19961, and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation and commencement1.

This Order may be cited as the Homelessness (Persons subject to Immigration Control) (Amendment) Order 1997 and shall come into force on 28th March 1997.

Classes specified under section 9(2)2.

In the Housing Accommodation and Homelessness (Persons subject to Immigration Control) Order 19962, for the description of Class F, substitute—

  • “a person (other than a person falling within Class E)—

    1. (i)

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

    2. (ii)
      who was on that date entitled to benefit under the Housing Benefit (General) Regulations 19873; and
    3. (iii)

      either—

      1. (a)

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

      2. (b)

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

        1. (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

        2. (bb)

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

Signed by authority of the Secretary of State

David Curry
Minister of State,
Department of the Environment
(This note is not part of the Order)

This Order amends article 4 of the Housing Accommodation and Homelessness (Persons subject to Immigration Control) Order 1996 by introducing a requirement that, for an asylum seeker who has an appeal outstanding to fall within Class F in article 4, his original claim must have been determined on or before 4th February 1996.