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The Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006, Section 5 is up to date with all changes known to be in force on or before 01 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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5.—(1) The following classes of persons subject to immigration control are persons who are eligible for housing assistance under Part 7 of the 1996 Act—
(a)Class A – a person who is recorded by the Secretary of State as a refugee within the definition in Article 1 of the Refugee Convention and who has leave to enter or remain in the United Kingdom;
(b)Class B – a person—
(i)who has exceptional leave to enter or remain in the United Kingdom granted outside the provisions of the Immigration Rules; and
(ii)whose leave to enter or remain is not subject to a condition requiring him to maintain and accommodate himself, and any person who is dependent on him, without recourse to public funds;
(c)Class C – a person who is habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland and whose leave to enter or remain in the United Kingdom is not subject to any limitation or condition, other than a person—
(i)who has been given leave to enter or remain in the United Kingdom upon an undertaking given by his sponsor;
(ii)who has been resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland for less than five years beginning on the date of entry or the date on which his sponsor gave the undertaking in respect of him, whichever date is the later; and
(iii)whose sponsor or, where there is more than one sponsor, at least one of whose sponsors, is still alive;
[F1(d)Class D— a person who has humanitarian protection granted under the Immigration Rules; F2...]
F3(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F4(f)Class F – a person who is habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland and who has limited leave to enter the United Kingdom as a relevant Afghan citizen under paragraph 276BA1 of the Immigration Rules [F5; F6...]]
[F7(g)Class G – a person who—
(i)has limited leave to enter or remain in the United Kingdom on family or private life grounds under Article 8 of the Human Rights Convention that is granted under paragraph 276BE(1), paragraph 276DG or Appendix FM of the Immigration Rules; and
(ii)who is not subject to a condition requiring the person to maintain and accommodate himself, and any person dependent upon him, without recourse to public funds;]
[F8(h)Class H – a person who is habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland and who has been transferred to the United Kingdom under section 67 of the Immigration Act 2016 and has limited leave to remain under paragraph 352ZH of the Immigration Rules [F9; F10...]]
[F11(i)Class I – a person who is habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland and has Calais leave to remain under paragraph 352J of the Immigration Rules[F12;]]
[F13(j)Class J – a person (P) who has limited leave to enter or remain in the United Kingdom by virtue of Appendix EU of the Immigration Rules in circumstances where—
(i)P is a family member of a relevant person of Northern Ireland (RP) in accordance with those rules; and
(ii)P would have been considered eligible under regulation 6(2)(d) if RP were a person specified in regulation 6(2)(a) to (c); and
(k)Class K – a person who is habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland and who has limited leave to remain in the United Kingdom as a stateless person under paragraph 405 of the Immigration Rules.]
F14(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Reg. 5(1)(d) substituted (9.10.2006) by The Allocation of Housing and Homelessness (Miscellaneous Provisions) (England) Regulations 2006 (S.I. 2006/2527), regs. 1(1), 2(3) (with reg. 4(a)(b))
F2Word in reg. 5(1)(d) omitted (31.3.2014) by virtue of The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2014 (S.I. 2014/435), regs. 1(1), 2(5)(a)
F3Reg. 5(1)(e) omitted (30.10.2016) by virtue of The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2016 (S.I. 2016/965), regs. 1(1), 2(4)(a)
F4Reg. 5(1)(f) inserted (31.3.2014) by The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2014 (S.I. 2014/435), regs. 1(1), 2(5)(c)
F5Word in reg. 5(1)(f) substituted for full stop (30.10.2016) by The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2016 (S.I. 2016/965), regs. 1(1), 2(4)(b)
F6Word in reg. 5(f) omitted (9.7.2018) by virtue of The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2018 (S.I. 2018/730), regs. 1, 2(3)(a)
F7Reg. 5(1)(g) substituted (24.8.2020) by The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2020 (S.I. 2020/667), regs. 1, 5(a)
F8Reg. 5(h) inserted (9.7.2018) by The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2018 (S.I. 2018/730), regs. 1, 2(3)(c)
F9Word in reg. 5(1)(h) substituted for full stop (1.11.2018) by The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) (No. 2) Regulations 2018 (S.I. 2018/1056), regs. 1, 4(b)
F10Word in reg. 5(1)(h) omitted (24.8.2020) by virtue of The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2020 (S.I. 2020/667), regs. 1, 5(b)
F11Reg. 5(1)(i) inserted (1.11.2018) by The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) (No. 2) Regulations 2018 (S.I. 2018/1056), regs. 1, 4(c)
F12Reg. 5(1)(i): semicolon substituted for full stop (24.8.2020) by The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2020 (S.I. 2020/667), regs. 1, 5(c)
F13Reg. 5(1)(j)(k) inserted (24.8.2020) by The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2020 (S.I. 2020/667), regs. 1, 5(d)
F14Reg. 5(2) omitted (30.10.2016) by virtue of The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2016 (S.I. 2016/965), regs. 1(1), 2(4)(d)
F15Reg. 5(3) omitted (30.10.2016) by virtue of The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2016 (S.I. 2016/965), regs. 1(1), 2(4)(d)
Commencement Information
I1Reg. 5 in force at 1.6.2006, see reg. 1(1)
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