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The Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006, Section 6 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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6.—(1) A person who is not subject to immigration control is to be treated as a person from abroad who is ineligible for housing assistance under Part 7 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
[F1(iii)is a derivative right to reside to which he is entitled under [F2regulation 16(1)] of the EEA Regulations, but only in a case where the right exists under that regulation because the applicant satisfies the criteria in [F3regulation 16(5)] of those Regulations; or
F4(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
[F5(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)(i), (ii) or (iii).]
[F6(1A) For the purposes of determining whether the only right to reside that a person has is of the kind mentioned in paragraph (1)(b) or (c), a right to reside by virtue of having been granted
[F7(a)limited leave to enter or remain in the United Kingdom under the Immigration Act 1971 by virtue of Appendix EU to the immigration rules made under section 3(2) of that Act; or
(b)leave to enter the United Kingdom by virtue of an entry clearance that was granted under Appendix EU (Family Permit) to the immigration rules made under section 3(2) of that Act
is to be disregarded.]]
(2) The following are not to be treated as persons from abroad who are ineligible for housing assistance pursuant to paragraph (1)(a)—
(a)a worker;
(b)a self-employed person;
[F8(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 F9...—
(i)regulation 6 of the Accession Regulations 2006 (right of residence of an accession State national subject to worker authorisation), or
(ii)regulation 5 of the Accession Regulations 2013 (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 [F1015(1)(c)], (d) or (e) of the EEA Regulations; [F11and]
F12(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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 [F13.]F14...
F15(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F17(j)a person who is a frontier worker within the meaning of regulation 3 of the Citizens' Rights (Frontier Workers) (EU Exit) Regulations 2020; F18...
(k)a person who—
(i)is a family member of a person specified in sub-paragraph (j); and
(ii)has a right to reside by virtue of having been granted limited leave to enter or remain in the United Kingdom under the Immigration Act 1971 by virtue of Appendix EU to the immigration rules made under section 3 of that Act;]
[F19(l)a person who left Afghanistan in connection with the collapse of the Afghan government that took place on 15th August 2021.]
Textual Amendments
F1Reg. 6(1)(b)(iii)(iv) inserted (8.11.2012) by The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2012 (S.I. 2012/2588), regs. 1(1), 2(4) (with reg. 3)
F2Words in reg. 6(1)(b)(iii) substituted (31.12.2020) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 71(4)(a)
F3Words in reg. 6(1)(b)(iii) substituted (31.12.2020) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 71(4)(b)
F4Reg. 6(1)(b)(iv) omitted (31.12.2020) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 71(4)(c)
F5Reg. 6(1)(c) substituted (31.12.2020) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 71(4)(d)
F6Reg. 6(1A) inserted (7.5.2019) by The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/861), regs. 1, 4(a) (with reg. 5)
F7Words in reg. 6(1A) substituted (31.12.2020 immediately after IP completion day) by The Immigration (Citizens' Rights etc.) (EU Exit) Regulations 2020 (S.I. 2020/1372), regs. 1(2)(a)(3)(d), 20(2)
F8Reg. 6(2)(c) substituted (1.7.2013) by The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2013 (S.I. 2013/1467), regs. 1(1), 2(4) (with reg. 3)
F9Word in reg. 6(2)(c) 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(6)(a)(i)
F10Word in reg. 6(2)(e) substituted (7.5.2019) by The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/861), regs. 1, 4(b) (with reg. 5)
F11Word in reg. 6(2)(e) inserted (31.3.2014) by The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2014 (S.I. 2014/435), regs. 1(1), 2(6)(b)
F12Reg. 6(2)(f) 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(6)(c)
F13Reg. 6(2)(g): full stop substituted for semi-colon (31.3.2014) by The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2014 (S.I. 2014/435), regs. 1(1), 2(6)(d)
F14Word in reg. 6(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(4)
F15Reg. 6(2)(h) 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(6)(c)
F16Reg. 6(2)(i) 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(6)(c)
F17Reg. 6(2)(j)(k) inserted (31.12.2020) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 71(4)(e)
F18Word in reg. 6(2)(j) omitted (16.9.2021) by virtue of The Allocation of Housing and Homelessness (Eligibility) (England) and Persons subject to Immigration Control (Housing Authority Accommodation and Homelessness) (Amendment) Regulations 2021 (S.I. 2021/1045), regs. 1(1), 2(5)(a)
F19Reg. 6(2)(l) inserted (16.9.2021) by The Allocation of Housing and Homelessness (Eligibility) (England) and Persons subject to Immigration Control (Housing Authority Accommodation and Homelessness) (Amendment) Regulations 2021 (S.I. 2021/1045), regs. 1(1), 2(5)(b)
Modifications etc. (not altering text)
C1Reg. 6 applied (with modifications) (31.12.2020) by The Citizens' Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 (S.I. 2020/1209), regs. 1(1), 3(3), 4(4), 11(k)
Commencement Information
I1Reg. 6 in force at 1.6.2006, see reg. 1(1)
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