Textual Amendments
F1Words in Pt. VII title inserted (27.4.2015) by Housing (Wales) Act 2014 (anaw 7), s. 145(3), Sch. 3 para. 4; S.I. 2015/1272, art. 2, Sch. para. 53 (with art. 7)
Modifications etc. (not altering text)
C1Pt. VII (ss. 175-218) modified (20.1.1997) by S.I. 1996/3205, art. 3, Sch.2
Pt. VII (ss. 175-218) applied (with modifications) (temp.) (6.12.1999) by S.I. 1999/3126, arts.2, 7
Pt. VII (ss. 175-218): power to apply (with modifications) (transitional provision) (11.11.1999) by 1999 c. 33, s. 169(2), Sch. 15 para. 13
(1)A person is not eligible for assistance under this Part if he is a person from abroad who is ineligible for housing assistance.
(2)A person who is subject to immigration control within the meaning of the M1Asylum and Immigration Act 1996 is not eligible for housing assistance unless he is of a class prescribed by regulations made by the Secretary of State.
[F2(2A)No person who is excluded from entitlement to [F3universal credit or] housing benefit by section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) shall be included in any class prescribed under subsection (2).]
(3)The Secretary of State may make provision by regulations as to other descriptions of persons who are to be treated for the purposes of this Part as persons from abroad who are ineligible for housing assistance.
(4)A person from abroad who is not eligible for housing assistance shall be disregarded in determining for the purposes of this Part whether [F4a person falling within subsection (5)]—
(a)is homeless or threatened with homelessness, or
(b)has a priority need for accommodation.
[F5(5)A person falls within this subsection if the person—
(a)falls within a class prescribed by regulations made under subsection (2); but
[F6(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 subsection (2) which had effect at that time.]]
Textual Amendments
F2S. 185(2A) substituted (26.2.2002) by 2002 c. 7, s. 18(2), Sch. 1 para. 7(1) (with s. 20(4))
F3Words in s. 185(2A) inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 12(5)
F4Words in s. 185(4) substituted (2.3.2009 in relation to specified applications made on or after that date) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 15 para. 4(2); S.I. 2009/415, art. 2
F5S. 185(5) inserted (2.3.2009 in relation to specified applications made on or after that date) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 15 para. 4(3); S.I. 2009/415, art. 2
F6S. 185(5)(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), 10(2)
Modifications etc. (not altering text)
C2Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art. 2(1)
C3S. 185 functions made exercisable concurrently or jointly with the Welsh Ministers by 2006 c. 32, Sch. 3A para. 1 (as inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 4 para. 1 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(p))
Commencement Information
I1S. 185 wholly in force at 20.1.1997: s. 185 not in force at Royal Assent, see s. 232(1)-(3); s. 185(2)(3) in force for certain purposes at 1.10.1996 by S.I. 1996/2402, art. 4; s. 185 in force at 20.1.1997 to the extent it is not already in force by S.I. 1996/2959, art. 2
Marginal Citations