Immigration and Asylum Act 1999

119 Homelessness: Scotland and Northern Ireland. U.K.

(1) A person subject to immigration control—

(a) is not eligible for accommodation or assistance under the homelessness provisions, and

(b) is to be disregarded in determining for the purposes of those provisions, whether [F1 a person falling within subsection (1A)]—

(i) is homeless or is threatened with homelessness, or

(ii) has a priority need for accommodation,

unless he is of a class specified in an order made by the Secretary of State.

[F2 (1A) A person falls within this subsection if the person—

(a) falls within a class specified in an order under subsection (1); but

[F3 (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 specified in an order under subsection (1) which had effect at that time.]]

(2) An order under subsection (1) may not be made so as to include in a specified class any person to whom section 115 applies.

(3) “The homelessness provisions” means—

(a) in relation to Scotland, Part II of the M1 Housing (Scotland) Act 1987; and

(b) in relation to Northern Ireland, Part II of the M2 Housing (Northern Ireland) Order 1988.

(4) “Person subject to immigration control” has the same meaning as in section 118.

Textual Amendments

F1 Words in s. 119(1)(b) substituted (2.3.2009 for specified purposes) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 15 para. 22(2); S.I. 2009/415, art. 3

F2 S. 119(1A) inserted (2.3.2009 for specified purposes) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 15 para. 22(3); S.I. 2009/415, art. 3

F3 S. 119(1A)(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), 12(7)

Commencement Information

I1 S. 119 wholly in force at 1.3.2000; s. 119 not in force at Royal Assent see s. 170(4); s. 119 in force for certain purposes at 1.1.2000 by S.I. 1999/3190, art. 2, Sch.; s. 119 in force at 1.3.2000 insofar as not already in force by S.I. 2000/464, art. 2, Sch.

Marginal Citations

M1 1987 c. 26.

M2 S.I. 1988/1990 (N.I. 13).