The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2006

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the provisions of the Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006(“the Eligibility Regulations”) which determine which persons from abroad, other than persons subject to immigration control(1), are ineligible for an allocation of housing accommodation under Part 6 of the Housing Act 1996 or for housing assistance under Part 7 of that Act.

A person who is not subject to immigration control is ineligible for an allocation or for housing assistance if he is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland, unless specifically exempted from that requirement. Regulation 2 amends the Eligibility Regulations to create such an exemption. The effect of the provision is that a person not subject to immigration control who is not habitually resident, and who left Lebanon on or after 12th July 2006 because of the armed conflict there, is not ineligible for an allocation or for housing assistance. However, this exemption only has effect until 31st January 2007.

A regulatory impact assessment has not been produced for these Regulations as they have no impact on the costs of business, charities or voluntary bodies.

(1)

For these purposes, “person subject to immigration control” has the meaning given by section 13(2) of the Asylum and Immigration Act 1996 (c. 49) (see sections 160A(3) and 185(2) of the Housing Act 1996). That provision defines “person subject to immigration control” as a person who under the Immigration Act 1971 (c. 77) requires leave to enter or remain in the United Kingdom (whether or not such leave has been given).