The Allocation of Housing and Homelessness (Amendment) Regulations 1997

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the classes of persons subject to immigration control prescribed in the Allocation of Housing Regulations 1996 who are qualified to be allocated housing accommodation under Part VI of the Housing Act 1996 and the classes of persons subject to immigration control prescribed in the Homelessness Regulations 1996 who are eligible for housing assistance under Part VII of the 1996 Act.

Regulations 2(2) and 4(5) respectively prescribe as an additional class of qualified persons under Part VI and an additional class of eligible persons under Part VII those who are nationals of states which are signatories to the European Convention on Social and Medical Assistance or the Council of Europe Social Charter and habitually resident in the Common Travel Area.

Regulation 4(3) introduces a requirement into the Homelessness Regulations that for an asylum seeker who has an appeal outstanding to fall within Class D in regulation 3 his original claim must have been determined on or before 4th February 1996.

Regulation 4(5) prescribes as an additional class of eligible persons under Part VII those on income support or income-based jobseekers’ allowance.

Regulations 2(1) and 3 make drafting amendments to the Allocation Regulations and regulations 4(4) and 5 make drafting amendments to the Homelessness Regulations.

These Regulations also amend the Allocation of Housing and Homelessness (Review Procedures and Amendment) Regulations 1996.

Regulation 6(c) introduces a right for an applicant for homelessness assistance to make written representations on a review of the decision on his application where the authority consider that there is an irregularity in the original decision but are minded nonetheless to make a decision on the review which is contrary to his interests.

Regulation 6(a) and (b) makes drafting amendments to the Review Regulations.