2023 No. 79
Housing, Northern Ireland
The Allocation of Housing and Homelessness (Eligibility) (Amendment) Regulations (Northern Ireland) 2023
Made 11th May 2023
Laid before Parliament 12th May 2023
Coming into operation 15th May 2023

The Secretary of State makes these Regulations in exercise of the powers conferred by Article 22A(3) of the Housing (Northern Ireland) Order 1981 and Article 7A(2) of the Housing (Northern Ireland) Order 1988.
S.I. 1981/156 (N.I. 3). Article 22A was inserted by Article 124(5) of S.I. 2003/412 (N.I. 2). Article 2(2) gives the meaning of “the Executive”.
S.I. 1988/1990 (N.I. 23). Article 7A was inserted by Article 137 of S.I. 2003/412.

1 Citation, commencement and extent
1 These Regulations may be cited as the Allocation of Housing and Homelessness (Eligibility) (Amendment) Regulations (Northern Ireland) 2023 and come into operation on 15th May 2023.
2 These Regulations extend to Northern Ireland.
Reg. 1 in operation at 15.5.2023, see reg. 1(1)

2 Amendment of the Allocation of Housing and Homelessness (Eligibility) Regulations (Northern Ireland) 2006
1 The Allocation of Housing and Homelessness (Eligibility) Regulations 2006 (Northern Ireland) are amended as follows.
S.R. 2006/397. Relevant amending instruments are S.R. 2009 No. 161, S.R. 2013 No. 189, S.R. 2019 No. 86, S.I. 2020/1309, S.R. 2021 No. 254 and S.R. 2022 No. 128.
2 In regulation 3(2) (persons from abroad who are ineligible for an allocation of housing accommodation), after sub-paragraph (l) insert—

“(m) a person who was residing in Sudan before 15th April 2023 and who left Sudan in connection with the violence which rapidly escalated on 15th April 2023 in Khartoum and across Sudan.”

.
3 In regulation 4(2) (persons from abroad who are ineligible for housing assistance), after sub-paragraph (l) insert—

“(m) a person who was residing in Sudan before 15thApril 2023 and who left Sudan in connection with the violence which rapidly escalated on 15th April 2023 in Khartoum and across Sudan.”

.
Signed by authority of the Secretary of State for Levelling Up, Housing and Communities
Reg. 2 in operation at 15.5.2023, see reg. 1(1)
Felicity Buchan Parliamentary Under Secretary of State Department for Levelling Up, Housing and Communities 11th May 2023

EXPLANATORY NOTE
(This note is not part of the Regulations)
Regulation 2 of these Regulations amends the Allocation of Housing and Homelessness (Eligibility) Regulations (Northern Ireland) 2006 (S.R. 2006/397) to ensure that persons who were residing in Sudan before 15th April 2023, and who left Sudan in connection with the violence which rapidly escalated on 15th April 2023 in Khartoum and across Sudan, are exempt from the habitual residence test otherwise applicable in relation to eligibility for an allocation of housing accommodation and for housing assistance.
A full Regulatory Impact Assessment has not been prepared for this instrument because the impact on business is not likely to be significant.