The Allocation of Housing and Homelessness (Eligibility) (England) and Persons Subject to Immigration Control (Housing Authority Accommodation and Homelessness) (Amendment) Regulations 2024

EXPLANATORY NOTE

(This note is not part of the Regulations)

Regulation 2 of these Regulations makes a number of changes to the Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006 (S.I. 2006/1294) (“the Eligibility Regulations”).

Regulation 2(3) and (5) adds two new classes of persons subject to immigration control who are eligible for an allocation of housing and homelessness assistance respectively. The first new class makes eligible a person who is a victim of transnational marriage abandonment. The second new class makes eligible a person whose leave would ordinarily have a no recourse to public funds condition applied, but that condition has been lifted by the Home Office. For each new class, such a person subject to immigration control will be eligible, whether or not they satisfy the habitual residence test.

Regulation 2(2), (4) and (6) omits references to the Accession of Croatia (Immigration and Worker Authorisation) Regulations 2013 (S.I. 2013/1460) which are redundant now that the accession period (the period beginning with 1st July 2013 and ending with 30th June 2018) has come to an end.

Regulation 3(3)(c) and (4) makes equivalent changes to those to regulations 2(3) and (5) in the relevant provisions in the Persons subject to Immigration Control (Housing Authority and Accommodation and Homelessness) Order 2000 (S.I. 2000/706) (“the PSIC Order”). These amendments enable housing authorities in England, Scotland and Northern Ireland to provide housing accommodation under the accommodation provisions in section 118 of the Immigration and Asylum Act 1999 (c. 33) to those classes of person from abroad who are subject to immigration control referred to above, whether or not they satisfy the habitual residence test. They also enable housing authorities in Scotland and Northern Ireland to provide homelessness assistance to such classes of persons, whether or not they satisfy the habitual residence test.

Regulation 3(3)(a) amends Class A in the PSIC Order to make it consistent with Class A in the Eligibility Regulations. The effect of the change is to prevent individuals who are subject to a deportation order but have not yet had their refugee status revoked from accessing housing or homelessness assistance.

In addition, regulation 3(2) and (3)(b) makes equivalent amendments to regulations 2(2), (4) and (6).

A full regulatory impact assessment has not been prepared for this instrument because the impact on business is not likely to be significant.