1(1)A person is not eligible for help under section 66, 68, 73 or 75 if he or she is a person from abroad who is ineligible for housing assistance.E+W
(2)A person who is subject to immigration control within the meaning of the Asylum and Immigration Act 1996 is not eligible for housing assistance unless the person falls within a class of persons prescribed by regulations made by the Welsh Ministers or the Secretary of State.
(3)No person who is excluded from entitlement to universal credit or housing benefit by section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) may be included in any class prescribed under sub-paragraph (2).
(4)The Welsh Ministers or the Secretary of State may by regulations provide for other descriptions of persons who are to be treated for the purposes of Chapter 2 of Part 2 as persons from abroad who are ineligible for housing assistance.
(5)A person who is not eligible for housing assistance is to be disregarded in determining for the purposes of Chapter 2 of Part 2 whether a person falling within sub-paragraph (6)—
(a)is homeless or threatened with homelessness, or
(b)has a priority need for accommodation.
(6)A person falls within this subsection if the person—
(a)falls within a class prescribed by regulations made under sub-paragraph (2), and
[F1(b)is not a person who, immediately before IP completion day, was—
(i)a national of an EEA State or Switzerland, and
(ii)within a class prescribed by regulations made under sub-paragraph (2) which had effect at that time.]
Textual Amendments
F1Sch. 2 para. 1(6)(b) substituted (31.12.2020) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 21(2)(a)
Commencement Information
I1Sch. 2 para. 1 in force at 1.12.2014 for specified purposes by S.I. 2014/3127, art. 2(b), Sch. Pt. 2
I2Sch. 2 para. 1 in force at 27.4.2015 in so far as not already in force by S.I. 2015/1272, art. 2, Sch. para. 52 (with art. 5)