Homelessness (Wales) Regulations 2006

Classes of persons subject to immigration control who are eligible for housing assistance

3.—(1) The following are classes of persons prescribed for the purposes of section 185(2) of the 1996 Act (persons subject to immigration control who are eligible for housing assistance)-

(a) Class A—a person recorded by the Secretary of State as a refugee within the definition in Article 1 of the Refugee Convention;

(b) Class B—a person—

(i) who has been granted by the Secretary of State exceptional leave to enter or remain in the United Kingdom outside the provisions of the immigration rules; and

(ii) whose leave is not subject to a condition requiring that person to maintain and accommodate themselves, and any person who is dependent on that person, without recourse to public funds;

(c) Class C—a person who has current leave to enter or remain in the United Kingdom which is not subject to any limitation or condition and who is habitually resident in the Common Travel Area other than a person—

(i) who has been given leave to enter or remain in the United Kingdom upon an undertaking given by another person (that person’s “sponsor”) in writing in pursuance of the immigration rules to be responsible for that person’s maintenance and accommodation;

(ii) who has been resident in the United Kingdom for less than five years beginning on the date of entry or the date on which the undertaking was given in respect of that person, whichever date is the later; and

(iii) whose sponsor or, where there more than one sponsor, at least one of whose sponsors, is still alive;

(d) Class D—a person who left the territory of Montserrat after 1 November 1995 because of the effect on that territory of a volcanic eruption;

(e) Class E—a person who is habitually resident in the Common Travel Area and who—

(i) is a national of a state which has ratified the European Convention on Social and Medical Assistance done at Paris on 11 December 1953(1) or a state which has ratified the European Social Charter done at Turin on 18 October 1961(2) and is lawfully present in the United Kingdom; or

(ii) before 3 April 2000 was owed a duty by a housing authority under Part III of the Housing Act 1985(3) (housing and homeless) or Part VII of the 1996 Act (homelessness) which is extant, and who is a national of a state which is a signatory to the European Convention on Social and Medical Assistance done at Paris on 11 December 1953 or a state which is a signatory to the European Social Charter done at Turin on 18 October 1961;

(f) Class F—a person who is an asylum-seeker and who made a claim for asylum—

(i) which is recorded by the Secretary of State as having been made on his arrival (other than on his re-entry) in the United Kingdom from a country outside the Common Travel Area; and

(ii) which has not been recorded by the Secretary of State as having been either decided (other than on appeal) or abandoned;

(g) Class G—a person who is an asylum-seeker and—

(i) who was in Great Britain when the Secretary of State made a declaration to the effect that the country of which that person is a national is subject to such a fundamental change in circumstances that the Secretary of State would not normally order the return of a person to that country;

(ii) who made a claim for asylum which is recorded by the Secretary of State as having been made within a period of three months from the day on which that declaration was made; and

(iii) whose claim for asylum has not been recorded by the Secretary of State as having been either decided (other than on appeal) or abandoned;

(h) Class H—a person who is an asylum-seeker and—

(i) who made a relevant claim for asylum on or before 4 February 1996; and

(ii) who was, on 4 February 1996, entitled to benefit under regulation 7A of the Housing Benefit (General) Regulations 1987(4) (persons from abroad);

(i) Class I—a person who is on an income-based jobseeker’s allowance or in receipt of income support and is eligible for that benefit other than because—

(i) that person has limited leave to enter or remain in the United Kingdom which was given in accordance with the relevant immigration rules and that person is temporarily without funds because remittances to that person from abroad have been disrupted; or

(ii) that person has been deemed by regulation 3 of the Displaced Persons (Temporary Protection) Regulations 2005(5) to have been granted leave to enter or remain in the United Kingdom exceptionally for the purposes of the provision of means of subsistence; and

(j) Class J—a person who has humanitarian protection granted under the Immigration Rules.

(2) In paragraph (1)(h)(i) (Class H), a relevant claim for asylum is a claim for asylum which—

(a) has not been recorded by the Secretary of State as having been either decided (other than on appeal) or abandoned; or

(b) has been recorded as having been decided (other than on appeal) on or before 4 February 1996 and in respect of which an appeal is pending which—

(i) was pending on 5 February 1996; or

(ii) was made within the time limits specified in the rules of procedure made under section 22 of the 1971 Act(6) (procedure).

(3) In paragraph (1)(i)(i) (Class I), “relevant immigration rules” (“rheolau mewnfudo perthnasol”) means the immigration rules relating to—

(a) there being or there needing to be no recourse

(b) there being no charge on public funds.

(4) In paragraph (1)(i) (Class I), “means of subsistence” (“moddion byw”) has the same meaning as in regulation 4 of the Displaced Persons (Temporary Protection) Regulations 2005(7).

(1)

Cmnd. 9512.

(2)

Cmnd. 2643.

(3)

1985 c. 68. The repeal of Part III, which was commenced by the Housing Act 1996 (Commencement No. 5 and Transitional Provisions) Order 1996 (S.I. 1996/2959 (c.88)), does not, by virtue of paragraph 1 of the Schedule to that Order, apply to applicants under Part III of that Act whose applications were made before 20 January 1997.

(4)

S.I. 1987/1971; relevant amending instruments are S.I. 1994/470 and 1994/1807.

(5)

S.I. 2005/1379

(6)

Section 22 was amended by S.I. 1987/465; there are other amendments not relevant to these Regulations. Section 22 of the 1971 Act was repealed by the Immigration and Asylum Act 1999 c. 33. Date in force 2 October 2000 for certain purposes only SI 2000/2444.

(7)

SI 2005 No. 1379.