The Allocation of
Housing and Homelessness (Eligibility) (England) (Amendment) (EU
Exit) Regulations 2019
Laid before Parliament 16th April 2019
Coming into force 7th May 2019
These Regulations amend the provisions of the Allocation of
Housing and Homelessness (Eligibility) (England) Regulations 2006
(S.I. 2006/1294) (“the
Eligibility Regulations”) which determine which persons from
abroad, other than persons subject to immigration control, are
ineligible for an allocation of housing accommodation under Part
6 of the Housing Act 1996 (c. 52) or for
housing assistance under Part 7 of that Act. For these purposes,
‘person subject to immigration control’ has the meaning given in
section 13(2) of the Asylum and Immigration Act 1996 (c. 49).
Under regulations 4 and 6 of the Eligibility Regulations, a
person who is not subject to immigration control is ineligible
for an allocation of social housing and for housing assistance
respectively where they are not habitually resident in the United
Kingdom, the Channel Islands, the Isle of Man or the Republic of
Ireland or their only right to reside in those
places is—
(a)as an EEA ‘jobseeker’ or as the ‘family
member’ of an EEA jobseeker;
(b)an initial right to reside for a period
not exceeding three months under the Immigration (European
Economic Area) Regulations 2016 (S.I. 2016/1052) (“the EEA
Regulations”);
(c)because they are a non-EEA national
primary carer of an EEA dependant under the EEA
Regulations.
Regulations 3(a) and 4(a) amend those provisions. The effect of
the amendments is to maintain the status quo so that where a
person with a right to reside of the type mentioned above is also
granted limited leave to enter or remain in the United Kingdom
pursuant to Appendix EU of the immigration rules, this does not
affect their eligibility.
Regulations 3(b) and 4(b) amend an incorrect cross-reference to
the Immigration (European Economic Area) Regulations 2006
(S.I. 2006/1003) (“the
EEA Regulations 2006”). Whilst the EEA Regulations 2006 have been
revoked by the Immigration (European Economic Area) Regulations
2016 (S.I. 2016/1052) (“the
EEA Regulations 2016”), the effect of paragraph 1 of Schedule 7
to the EEA Regulations 2016 is that references to the EEA
Regulations 2006 in the Eligibility Regulations are to be read as
references to the corresponding provisions of the EEA Regulations
2016.
