The Homelessness (England) Regulations 2000

Explanatory Note

(This note is not part of the Regulations)

These Regulations prescribe classes of persons subject to immigration control who are eligible for housing assistance under Part VII of the Housing Act 1996 (homelessness) and describe other persons who are not eligible. They also prescribe periods for notices and applications for the purposes of Part VII. These Regulations extend to England only. They revoke and re-enact with changes the Homelessness Regulations 1996 in so far as they extend to England.

Regulation 3 prescribes classes of persons (Classes A to I) for the purpose of section 185(2) of the Housing Act 1996. Section 185(2) provides that a person who is subject to immigration control is not eligible for housing assistance under Part VII of the Housing Act 1996 (homelessness) unless he is of a class prescribed by the Secretary of State.

Regulation 4 makes provision for other descriptions of persons for the purpose of section 185(3) of the Housing Act 1996. These are persons who are to be treated for the purposes of Part VII as persons from abroad who are ineligible for housing assistance.

Regulation 5 prescribes the minimum period of notice which a local housing authority must give of their ceasing to exercise the power to secure accommodation under section 194 of the Housing Act 1996.

Regulation 6 prescribes the period for the purposes of section 198(4) of the Housing Act 1996. Under section 198(4) one of the conditions for referral of a homelessness case to another authority is that the applicant was placed in accommodation in the district of the authority to whom his application is now made pursuant to a previous application made within a prescribed period to that other authority.

Regulation 7 revokes, in so far as they extend to England, the Homelessness Regulations 1996 and regulations which amended those Regulations. These Regulations contain similar provisions to those in the Homelessness Regulations 1996. The main changes are as follows:

(a) Classes which apply to persons who have made a claim for asylum only apply where that claim was made, and recorded by the Secretary of State, before 3rd April 2000 (see the definition of “asylum-seeker” in regulation 2).

(b) The class of persons subject to immigration control, who are eligible for housing assistance because they are nationals of states which are signatories to the European Convention on Social and Medical Assistance or the European Social Charter, has been amended. It is limited to nationals of states which have ratified that Convention or that Charter. This change does not apply to a person who is a national of a state which is a signatory to that Convention or that Charter and who was owed a duty under Part III of the Housing Act 1985 or Part VII of the Housing Act 1996 before 3rd April 2000 which is extant (regulation 3(1)(e) (Class E)).

(c) A person who is entitled to income-based jobseeker’s allowance or income support by virtue of being temporarily without funds during a period of limited leave to enter or remain in the United Kingdom is not eligible for housing assistance (regulation 3(1)(i) (Class I)).

There are other minor and drafting changes.

Command Papers 2643, 3906, 9171 and 9512, referred to in these Regulations, are out of print but photocopies of these documents can be obtained by The Stationery Office from the British Lending Library Division (BLLD). Customers, unless already registered with BLLD, should order photocopies from The Photocopying Unit, The Stationery Office, Nine Elms Lane, London SW8 5DR, enclosing the appropriate payment for the copies required. The current cost of each complete copy of Command Paper 2643, 3906 or 9512 is £6.00 and the current cost of each complete copy of Command Paper 9171 is £12.00. Cheques should be made payable to “The Stationery Office”.