Amendment of the Allocation of Housing and Homelessness (Eligibility) (England) Regulations 20062
1
The Allocation of Housing and Homelessness (Eligibility) (England) Regulations 20062 are amended as follows.
2
After regulation 4(1)(b)(ii), insert—
iii
is a derivative right to reside to which he is entitled under regulation 15A(1) of the EEA Regulations, but only in a case where the right exists under that regulation because the applicant satisfies the criteria in regulation 15A(4A) of those Regulations; or
iv
is derived from Article 20 of the Treaty on the Functioning of the European Union, in a case where the right to reside arises because a British citizen would otherwise be deprived of the genuine enjoyment of the substance of their rights as a European Union citizen; or
3
For regulation 4(1)(c) substitute—
c
his only right to reside in the Channel Islands, the Isle of Man or the Republic of Ireland—
i
is a right equivalent to one of those mentioned in sub-paragraphs (b)(i),(ii) or (iii) which is derived from the Treaty on the Functioning of the European Union; or
ii
is derived from Article 20 of the Treaty on the Functioning of the European Union, in a case where the right to reside —
a
in the Republic of Ireland arises because an Irish citizen, or
b
in the Channel Islands or the Isle of Man arises because a British citizen also entitled to reside there
would otherwise be deprived of the genuine enjoyment of the substance of their rights as a European Union citizen.
4
After sub-paragraph 6(1)(b)(ii), insert—
iii
is a derivative right to reside to which he is entitled under regulation 15A(1) of the EEA Regulations, but only in a case where the right exists under that regulation because the applicant satisfies the criteria in regulation 15A(4A) of those Regulations; or
iv
is derived from Article 20 of the Treaty on the Functioning of the European Union in a case where the right to reside arises because a British citizen would otherwise be deprived of the genuine enjoyment of the substance of the rights attaching to the status of European Union citizen; or
5
For regulation 6(1)(c) substitute—
c
his only right to reside in the Channel Islands, the Isle of Man or the Republic of Ireland—
i
is a right equivalent to one of those mentioned in sub-paragraph (b)(i),(ii) or (iii) which is derived from the Treaty on the Functioning of the European Union; or
ii
is derived from Article 20 of the Treaty on the Functioning of the European Union, in a case where the right to reside—
a
in the Republic of Ireland arises because an Irish citizen, or
b
in the Channel Islands or the Isle of Man arises because a British citizen also entitled to reside there
would otherwise be deprived of the genuine enjoyment of the substance of their rights as a European Union citizen.