The Persons subject to Immigration Control (Housing Authority Accommodation and Homelessness) Order 2000

Housing authority accommodation—England

4.—(1) The following are classes of persons specified for the purposes of section 118(1) of the 1999 Act in respect of England–

(a) Class G—a person who is owed a duty under section 21 of the National Assistance Act 1948(1) (duty of local authorities to provide accommodation);

(b) Class H—a person who is either a child in need or a member of the family of a child in need;

(c) Class I—a person—

(i) who is owed a duty under section 63(1) (interim duty to accommodate in case of apparent priority need), 65(2) or (3) (duties to persons found to be homeless) or 68(1) or (2) (duties to persons whose applications are referred) of the 1985 Act(2);

(ii) who is owed a duty under section 188(1) (interim duty to accommodate in case of apparent priority need), 190(2) (duties to persons becoming homeless intentionally), 193(2) (duty to persons with priority need who are not homeless intentionally), 195(2) (duties in case of threatened homelessness) or 200(1), (3) or (4) (duties to applicant whose case is considered for referral or referred) of the Housing Act 1996(3); or

(iii) in respect of whom a local housing authority are exercising their power under section 194(1) (power exercisable after minimum period of duty under section 193) of the Housing Act 1996;

(d) Class J—an asylum-seeker to whom, or a dependant of an asylum-seeker to whom, a local authority is required to provide support in accordance with regulations made under Schedule 9 to the 1999 Act (asylum support: interim provisions);

(e) Class K—a person who is attending a designated course, which is a full-time course, at an educational establishment in a case where the housing accommodation which is or may be provided to him by a local housing authority–

(i) is not and will not be let to him as a secure tenancy by virtue of paragraph 10 of Schedule 1 to the 1985 Act(4) (student lettings which are not secure tenancies); and

(ii) would otherwise be difficult for that local housing authority to let on terms which, in the opinion of the local housing authority, are satisfactory;

(f) Class L—a person who has a secure tenancy within the meaning of section 79 of the 1985 Act (secure tenancies).

(2) “Dependant”, in relation to an asylum-seeker within paragraph (1)(d) (Class J), means a person in the United Kingdom who–

(a) is his spouse;

(b) is a child of his, or of his spouse, who is under 18 and dependent on him; or

(c) falls within such additional category as may be prescribed under section 94(1) of the 1999 Act (interpretation of Part VI—support for asylum-seekers), for the purposes of regulations made under Schedule 9 to the 1999 Act (asylum support: interim provisions), in relation to an asylum-seeker.

(1)

1948 c. 29; section 21 was amended by sections 195(6) and 272(1) of, and paragraph 2(1) of Schedule 23 and Schedule 30 to, the Local Government Act 1972 (c. 70), paragraph 11(1) of Schedule 13 to the Children Act 1989 (c. 41), section 42(1) of, and paragraph 5(1) to (3) of Schedule 9 and Schedule 10 to, the National Health Service and Community Care Act 1990 (c. 19), section 20(4) of, and the Schedule to, the Housing (Homeless Persons) Act 1977 (c. 48), section 57(1) and (2) of, and paragraph 44 of Schedule 4 and Schedule 5 to, the National Health Service Reorganisation Act 1973 (c. 32), and section 116 of the 1999 Act.

(2)

The repeal of Part III of the Housing Act 1985, which includes sections 63, 65 and 68 and which was commenced by the Housing Act 1996 (Commencement No. 5 and Transitional Provisions) Order 1996 (S.I. 1996/2959 (C. 88)), does not, by virtue of paragraph 1 of the Schedule to that Order, apply to applicants under Part III of that Act whose applications were made before 20th January 1997.

(3)

1996 c. 52.

(4)

Paragraph 10 was amended by paragraph 2 of Schedule 16 to the Housing Act 1996.