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.