SCHEDULES

Valid from 02/03/2009

SCHEDULE 15 E+W Ineligible persons from abroad: statutory disregards

Part 1 E+W England and Wales

Housing Act 1996 (c. 52) E+W

3 (1) Section 184 (inquiry into cases of homelessness or threatened homelessness) is amended as follows. E+W

(2) After subsection (3) insert—

“(3A) If the authority decide that a duty is owed to the applicant under section 193(2) or 195(2) but would not have done so without having had regard to a restricted person, the notice under subsection (3) must also—

(a) inform the applicant that their decision was reached on that basis,

(b) include the name of the restricted person,

(c) explain why the person is a restricted person, and

(d) explain the effect of section 193(7AD) or (as the case may be) section 195(4A).”

(3) After subsection (6) insert—

“(7) In this Part “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.”