Under sections 160ZA(2) and 185(2) of the Housing Act 1996 (c. 52) (“the 1996 Act”), a person who is subject to immigration control is ineligible for an allocation of housing accommodation by a local authority under Part VI of that Act, or for housing assistance under Part VII of that Act, unless they come within a class of persons prescribed in regulations by the Secretary of State.

These Regulations amend the Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006 (“the Eligibility Regulations”) which make such provision.

Regulation 4 amends regulation 3 of the Eligibility Regulations which relates to the eligibility of persons subject to immigration control for an allocation of housing accommodation under Part VI of the 1996 Act. It prescribes an additional class of persons (“Class K”) who are eligible for such assistance. This new Class K applies to certain persons with limited leave to enter or remain in the United Kingdom under Appendix Hong Kong British National (Overseas) of the Immigration Rules where the person does not have a “no recourse to public funds” condition attached to their form of leave and where the person is habitually resident in the ‘Common Travel Area’ (the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland).

Regulation 5 amends regulation 5(1) of the Eligibility Regulations which relates to the eligibility of persons subject to immigration control for homelessness assistance under Part VII of the 1996 Act. It prescribes an additional class of persons (“Class L”) who are eligible for such assistance. This class is equivalent to Class K inserted by regulation 4.

Regulation 5 also corrects a drafting error in regulation 5(1)(g) of the Eligibility Regulations by amending the provision containing Class G.

An impact assessment has not been produced for this instrument as no impact on the private or voluntary sector is foreseen.