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The Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006, Section 4 is up to date with all changes known to be in force on or before 06 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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4.—(1) A person who is not subject to immigration control is to be treated as a person from abroad who is ineligible for an allocation of housing accommodation under Part 6 of the 1996 Act if—
(a)subject to paragraph (2), he is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man, or the Republic of Ireland;
(b)his only right to reside in the United Kingdom—
(i)is derived from his status as a jobseeker or the 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
(c)his only right to reside in the Channel Islands, the Isle of Man or the Republic of Ireland is a right equivalent to one of those mentioned in sub-paragraph (b) which is derived from [F1the Treaty on the Functioning of the European Union].
(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;
[F2(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 either—
(i)regulation 5 of the Accession Regulations 2004 (application of the 2006 Regulations in relation to accession State worker requiring registration), or
(ii)regulation 6 of the Accession Regulations 2006 (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(c), (d) or (e) of the EEA Regulations;
(f)a person who left the territory of Montserrat after 1st November 1995 because of the effect on that territory of a volcanic eruption; F3...
(g)a person who is in the United Kingdom as a result of his deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom [F4; F5...]
[F6(h)during the relevant period, a person who left Lebanon on or after 12th July 2006 because of the armed conflict there]; [F7and
(i)a person who—
(i)arrived in Great Britain on or after 28th February 2009 but before 18th March 2011;
(ii)immediately before arriving in Great Britain had been resident in Zimbabwe; and
(iii)before leaving Zimbabwe, had accepted an offer, made by Her Majesty’s Government, to assist that person to settle in the United Kingdom.]
Textual Amendments
F1Words in reg. 4(1)(c) substituted (1.8.2012) by The Treaty of Lisbon (Changes in Terminology or Numbering) Order 2012 (S.I. 2012/1809), art. 2(1), Sch. Pt. 2 (with art. 2(2))
F2Reg. 4(2)(c) substituted (1.1.2007) by The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) (No.2) Regulations 2006 (S.I. 2006/3340), regs. 1(1), 2(3) (with reg. 3)
F3Word in reg. 4(2)(f) omitted (25.7.2006 at 4 p.m.) by virtue of The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2006 (S.I. 2006/2007), regs. 1(1), 2(3)
F4Word in reg. 4(2)(g) inserted (25.7.2006 at 4 p.m.) by The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2006 (S.I. 2006/2007), regs. 1(1), 2(4)
F5Word in reg. 4(2)(g) omitted (18.3.2009) by virtue of The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2009 (S.I. 2009/358), regs. 1(1), 2(2)
F6Reg. 4(2)(h) inserted (25.7.2006 at 4 p.m.) by The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2006 (S.I. 2006/2007), regs. 1(1), 2(5)
F7Reg. 4(2)(i) and word added (18.3.2009) by The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2009 (S.I. 2009/358), regs. 1(1), 2(3)
Commencement Information
I1Reg. 4 in force at 1.6.2006, see reg. 1(1)
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