SCHEDULES

SCHEDULE 15Ineligible persons from abroad: statutory disregards

Part 2Scotland and Northern Ireland

Housing (Northern Ireland) Order 1988 (S.I. 1988/1990 (N.I. 23))

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1

Article 9 (notification of decision and reasons) is amended as follows.

2

After paragraph (3) insert—

3A

If the Executive decides that the applicant is homeless, threatened with homelessness or has a priority need but would not have done so without having had regard to a restricted person, it shall also notify him of—

a

the fact that its decision was reached on that basis,

b

the name of the restricted person,

c

the reason why the person is a restricted person, and

d

the effect of Article 10(2E) and (2F) or (as the case may be) 11(2A) and (2B).

3

After paragraph (5) insert—

6

In this Article “a restricted person” means a person—

a

who is not eligible for assistance under this Part,

b

who is subject to immigration control within the meaning of the Asylum and Immigration Act 1996, and

c

either—

i

who does not have leave to enter or remain in the United Kingdom, or

ii

whose leave to enter or remain in the United Kingdom is subject to a condition to maintain and accommodate himself, and any dependants, without recourse to public funds.