Citation, commencement and applicationI11

1

These Regulations may be cited as the Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006 and shall come into force on 1st June 2006.

2

These Regulations apply to England only.

Annotations:
Commencement Information
I1

Reg. 1 in force at 1.6.2006, see reg. 1(1)

InterpretationI2C12

1

In these Regulations—

  • “the 1996 Act” means the Housing Act 1996;

  • F7...

  • F11...

  • F8“the Accession Regulations 2013” means the Accession of Croatia (Immigration and Worker Authorisation) Regulations 2013;

  • “the EEA Regulations” means the F54Immigration (European Economic Area) Regulations 2016 and references to the EEA Regulations are to be read with Schedule 4 to the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020(Consequential, Saving, Transitional and Transitory Provisions) Regulations 2020;

  • F29“the Human Rights Convention” means the Convention for the Protection of Human Rights and Fundamental Freedoms, agreed by the Council of Europe at Rome on 4th November 1950 as it has effect for the time being in relation to the United Kingdom;

  • “the Immigration Rules” means the rules laid down as mentioned in section 3(2) of the Immigration Act 19714 (general provisions for regulation and control);

  • “the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 195111, as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 196712; F44...

  • F45“relevant person of Northern Ireland” means a person who—

    1. (a)

      is—

      1. (i)

        a British citizen;

      2. (ii)

        an Irish citizen; or

      3. (iii)

        a British citizen and an Irish citizen; and

    1. (b)

      was born in Northern Ireland and, at the time of the person’s birth, at least one of their parents was—

      1. (i)

        a British citizen;

      2. (ii)

        an Irish citizen;

      3. (iii)

        a British citizen and an Irish citizen; or

      4. (iv)

        otherwise entitled to reside in Northern Ireland without any restriction on their period of residence; and

  • “sponsor” means a person who has given an undertaking in writing for the purposes of the Immigration Rules to be responsible for the maintenance and accommodation of another person.

2

For the purposes of these Regulations—

a

“jobseeker”, “self-employed person”, and “worker” have the same meaning as for the purposes of the definition of a “qualified person” in regulation 6(1) of the EEA Regulations5; and

F55ab

frontier worker” means a person who is a frontier worker within the meaning of regulation 3 of the Citizens' Rights (Frontier Workers) (EU Exit) Regulations 2020;

b

subject to paragraph (3), references to the family member of a jobseeker, self-employed person F56, worker or frontier worker shall be construed in accordance with regulation 7 of F57the EEA Regulations.

3

For the purposes of regulations 4(2)(d) F58and (k) and 6(2)(d) F58and (k) “family member” does not include a person who is treated as a family member by virtue of regulation 7(3) of the EEA Regulations.

F124

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Persons subject to immigration control who are eligible for an allocation of housing accommodationI33

The following classes of persons subject to immigration control are persons who are eligible for an allocation of housing accommodation under Part 6 of the 1996 Act—

a

Class A – a person who is recorded by the Secretary of State as a refugee within the definition in Article 1 of the Refugee Convention and who has leave to enter or remain in the United Kingdom;

b

Class B – a person—

i

who has exceptional leave to enter or remain in the United Kingdom granted outside the provisions of the Immigration Rules; and

ii

who is not subject to a condition requiring him to maintain and accommodate himself, and any person who is dependent on him, without recourse to public funds;

c

Class C – a person who is habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland and whose leave to enter or remain in the United Kingdom is not subject to any limitation or condition, other than a person—

i

who has been given leave to enter or remain in the United Kingdom upon an undertaking given by his sponsor;

ii

who has been resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland for less than five years beginning on the date of entry or the date on which his sponsor gave the undertaking in respect of him, whichever date is the later; and

iii

whose sponsor or, where there is more than one sponsor, at least one of whose sponsors, is still alive; F13...

F1d

Class D— a person who has humanitarian protection granted under the Immigration RulesF14; F30...

F78e

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F46f

Class F – a person—

i

who has limited leave to enter or remain in the United Kingdom on family or private life grounds under Article 8 of the Human Rights Convention that is granted under paragraph 276BE(1), paragraph 276DG or Appendix FM of the Immigration Rules; and

ii

who is not subject to a condition requiring the person to maintain and accommodate himself, and any person dependent upon him, without recourse to public funds;

F34g

Class G – a person who is habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland and who has been transferred to the United Kingdom under section 67 of the Immigration Act 2016 and has limited leave to remain under paragraph 352ZH of the Immigration Rules F37; F47...

F36h

Class H – a person who is habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland and has Calais leave to remain under paragraph 352J of the Immigration RulesF48;

F49i

Class I – a person (P) who has limited leave to enter or remain in the United Kingdom by virtue of Appendix EU of the Immigration Rules in circumstances where—

i

P is a family member of a relevant person of Northern Ireland (“RP”) in accordance with those rules; and

ii

P would have been considered eligible under regulation 4(2)(d) if RP were a person specified in regulation 4(2)(a) to (c); F72...

j

Class J – a person who is habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland and who has limited leave to remain in the United Kingdom as a stateless person under paragraph 405 of the Immigration Rules;; F79F71...

k

Class K – a person (P)—

i

who has limited leave to enter or remain in the United Kingdom by virtue of Appendix Hong Kong British National (Overseas) of the Immigration Rules;

ii

whose leave to enter or remain is not subject to a condition requiring P to maintain and accommodate P, and any person dependent upon P, without recourse to public funds; and

iii

who is habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland;

F77l

Class L – a person—

i

who is granted leave to enter or remain in the United Kingdom in accordance with the Immigration Rules, where such leave is granted by virtue of—

aa

the Afghan Relocations and Assistance Policy; or

bb

the previous scheme for locally-employed staff in Afghanistan (sometimes referred to as the ex-gratia scheme); or

ii

with leave to enter or remain in the United Kingdom not coming within sub-paragraph (i), who left Afghanistan in connection with the collapse of the Afghan government that took place on 15th August 2021, but excluding a person (P)—

aa

who is subject to a condition requiring P to maintain and accommodate themself, and any person who is dependent on P, without recourse to public funds; or

bb

who has been given leave to enter or remain in the United Kingdom upon an undertaking given by P’s sponsor and has been resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland for less than five years beginning on the date of entry or the date on which P’s sponsor gave the undertaking in respect of P, whichever date is the later, and whose sponsor or, where there is more than one sponsor, at least one of whose sponsors, is still alive;

F87m

Class M – a person in the United Kingdom who—

i

was residing in Ukraine immediately before 1st January 2022;

ii

left Ukraine in connection with the Russian invasion which took place on 24th February 2022; and

iii

has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971,

but excluding a person (P) who is subject to a condition requiring P to maintain and accommodate themselves, and any person who is dependent on P, without recourse to public funds;

F91n

Class N – a person in the United Kingdom who has limited leave to remain granted in accordance with Appendix Ukraine Scheme of the Immigration Rules pursuant to an application made by that person from within the United Kingdom, but excluding a person (P) who is subject to a condition requiring P to maintain and accommodate themself, and any person who is dependent on P, without recourse to public funds;

F93o

Class O – a person who has limited leave to remain granted in accordance with Appendix Temporary Permission to Stay for Victims of Human Trafficking or Slavery of the Immigration Rules;

F95p

Class P — a person who—

i

was residing in Sudan before 15th April 2023;

ii

left Sudan in connection with the violence which rapidly escalated on 15th April 2023 in Khartoum and across Sudan;

iii

has leave to enter or remain in the United Kingdom given in accordance with the Immigration Rules;

iv

is not a person whose leave is subject to a condition requiring that person to maintain and accommodate themself, and any person who is dependent on that person, without recourse to public funds; and

v

is not a person (“P”)—

aa

who has been given leave upon an undertaking given by P’s sponsor;

bb

who has been resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland for less than five years beginning on the date of entry or the date on which P’s sponsor gave the undertaking in respect of P, whichever date is later; and

cc

whose sponsor, or where there is more than one sponsor, at least one of whose sponsors, is still alive.

Other persons from abroad who are ineligible for an allocation of housing accommodationI4C24

1

A person who is not subject to immigration control is to be treated as a person from abroad who is ineligible for an allocation of housing accommodation under Part 6 of the 1996 Act if—

a

subject to paragraph (2), he is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man, or the Republic of Ireland;

b

his only right to reside in the United Kingdom—

i

is derived from his status as a jobseeker or the family member of a jobseeker; or

ii

is an initial right to reside for a period not exceeding three months under regulation 13 of the EEA Regulations; or

F5iii

is a derivative right to reside to which he is entitled under F61regulation 16(1) of the EEA Regulations, but only in a case where the right exists under that regulation because the applicant satisfies the criteria in F62regulation 16(5) of those Regulations; or

F63iv

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F59c

his only right to reside in the Channel Islands, the Isle of Man or the Republic of Ireland is a right equivalent to one of those mentioned in sub-paragraph (b)(i), (ii) or (iii).

F401A

For the purposes of determining whether the only right to reside that a person has is of the kind mentioned in paragraph (1)(b) or (c), a right to reside by virtue of having been granted

F64a

limited leave to enter or remain in the United Kingdom under the Immigration Act 1971 by virtue of Appendix EU to the immigration rules made under section 3(2) of that Act; or

b

leave to enter the United Kingdom by virtue of an entry clearance that was granted under Appendix EU (Family Permit) to the immigration rules made under section 3(2) of that Act

is to be disregarded.

2

The following are not to be treated as persons from abroad who are ineligible for an allocation of housing accommodation pursuant to paragraph (1)(a)—

a

a worker;

b

a self-employed person;

F9c

a person who is treated as a worker for the purpose of the definition of “qualified person” in regulation 6(1) of the EEA Regulations pursuant to F15...—

F20i

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ii

regulation 5 of the Accession Regulations 2013 (right of residence of an accession State national subject to worker authorisation);

d

a person who is the family member of a person specified in sub-paragraphs (a)-(c);

e

a person with a right to reside permanently in the United Kingdom by virtue of regulation F4115(1)(c), (d) or (e) of the EEA Regulations; F16and

F17f

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

g

a person who is in the United Kingdom as a result of his deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom F18.F3...

F19h

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21i

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F60j

a frontier worker; F81...

k

a person who—

i

is a family member of a person specified in sub-paragraph (j); and

ii

has a right to reside by virtue of having been granted limited leave to enter or remain in the United Kingdom under the Immigration Act 1971 by virtue of Appendix EU to the immigration rules made under section 3 of that Act;

F80l

a person who left Afghanistan in connection with the collapse of the Afghan government that took place on 15th August 2021;

F88m

a person who was residing in Ukraine immediately before 1st January 2022 and who left Ukraine in connection with the Russian invasion which took place on 24th February 2022;

F96n

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

Persons subject to immigration control who are eligible for housing assistanceI55

1

The following classes of persons subject to immigration control are persons who are eligible for housing assistance under Part 7 of the 1996 Act—

a

Class A – a person who is recorded by the Secretary of State as a refugee within the definition in Article 1 of the Refugee Convention and who has leave to enter or remain in the United Kingdom;

b

Class B – a person—

i

who has exceptional leave to enter or remain in the United Kingdom granted outside the provisions of the Immigration Rules; and

ii

whose leave to enter or remain is not subject to a condition requiring him to maintain and accommodate himself, and any person who is dependent on him, without recourse to public funds;

c

Class C – a person who is habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland and whose leave to enter or remain in the United Kingdom is not subject to any limitation or condition, other than a person—

i

who has been given leave to enter or remain in the United Kingdom upon an undertaking given by his sponsor;

ii

who has been resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland for less than five years beginning on the date of entry or the date on which his sponsor gave the undertaking in respect of him, whichever date is the later; and

iii

whose sponsor or, where there is more than one sponsor, at least one of whose sponsors, is still alive;

F2d

Class D— a person who has humanitarian protection granted under the Immigration Rules; F22...

F31e

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F83f

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F51g

Class G – a person F74...—

i

F76who has limited leave to enter or remain in the United Kingdom on family or private life grounds under Article 8 of the Human Rights Convention that is granted under paragraph 276BE(1), paragraph 276DG or Appendix FM of the Immigration Rules; and

ii

who is not subject to a condition requiring the person to maintain and accommodate himself, and any person dependent upon him, without recourse to public funds;

F35h

Class H – a person who is habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland and who has been transferred to the United Kingdom under section 67 of the Immigration Act 2016 and has limited leave to remain under paragraph 352ZH of the Immigration Rules F39; F52...

F38i

Class I – a person who is habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland and has Calais leave to remain under paragraph 352J of the Immigration RulesF53;

F50j

Class J – a person (P) who has limited leave to enter or remain in the United Kingdom by virtue of Appendix EU of the Immigration Rules in circumstances where—

i

P is a family member of a relevant person of Northern Ireland (RP) in accordance with those rules; and

ii

P would have been considered eligible under regulation 6(2)(d) if RP were a person specified in regulation 6(2)(a) to (c); F75...

k

Class K – a person who is habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland and who has limited leave to remain in the United Kingdom as a stateless person under paragraph 405 of the Immigration Rules;F84F73...

l

Class L – a person (P)—

i

who has limited leave to enter or remain in the United Kingdom by virtue of Appendix Hong Kong British National (Overseas) of the Immigration Rules;

ii

whose leave to enter or remain is not subject to a condition requiring P to maintain and accommodate P, and any person dependent upon P, without recourse to public funds; and

iii

who is habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland;

F82m

Class M – a person—

i

who is granted leave to enter or remain in the United Kingdom in accordance with the Immigration Rules, where such leave is granted by virtue of—

aa

the Afghan Relocations and Assistance Policy; or

bb

the previous scheme for locally-employed staff in Afghanistan (sometimes referred to as the ex-gratia scheme); or

ii

with leave to enter or remain in the United Kingdom not coming within (i), who left Afghanistan in connection with the collapse of the Afghan government that took place on 15th August 2021, but excluding a person (P)—

aa

who is subject to a condition requiring P to maintain and accommodate themself, and any person who is dependent on P, without recourse to public funds; or

bb

who has been given leave to enter or remain in the United Kingdom upon an undertaking given by P’s sponsor and has been resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland for less than five years beginning on the date of entry or the date on which P’s sponsor gave the undertaking in respect of P, whichever date is the later, and whose sponsor or, where there is more than one sponsor, at least one of whose sponsors, is still alive;

n

F89Class N – a person in the United Kingdom who—

i

was residing in Ukraine immediately before 1st January 2022;

ii

left Ukraine in connection with the Russian invasion which took place on 24th February 2022; and

iii

has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971,

but excluding a person (P) who is subject to a condition requiring P to maintain and accommodate themselves, and any person who is dependent on P, without recourse to public funds;

F92o

Class O – a person in the United Kingdom who has limited leave to remain granted in accordance with Appendix Ukraine Scheme of the immigration rules pursuant to an application made by that person from within the United Kingdom, but excluding a person (P) who is subject to a condition requiring P to maintain and accommodate themself, and any person who is dependent on P, without recourse to public funds;

F94p

Class P – a person who has limited leave to remain granted in accordance with Appendix Temporary Permission to Stay for Victims of Human Trafficking or Slavery of the Immigration Rules;

F97q

Class Q — a person who—

i

was residing in Sudan before 15th April 2023;

ii

left Sudan in connection with the violence which rapidly escalated on 15th April 2023 in Khartoum and across Sudan;

iii

has leave to enter or remain in the United Kingdom given in accordance with the Immigration Rules;

iv

is not a person whose leave is subject to a condition requiring that person to maintain and accommodate themself, and any person who is dependent on that person, without recourse to public funds; and

v

is not a person (“P”)—

aa

who has been given leave upon an undertaking given by P’s sponsor;

bb

who has been resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland for less than five years beginning on the date of entry or the date on which P’s sponsor gave the undertaking in respect of P, whichever date is the later; and

cc

whose sponsor or, where there is more than one sponsor, at least one of whose sponsors, is still alive.

F322

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F333

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Other persons from abroad who are ineligible for housing assistanceI6C36

1

A person who is not subject to immigration control is to be treated as a person from abroad who is ineligible for housing assistance under Part 7 of the 1996 Act if—

a

subject to paragraph (2), he is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man, or the Republic of Ireland;

b

his only right to reside in the United Kingdom—

i

is derived from his status as a jobseeker or the family member of a jobseeker; or

ii

is an initial right to reside for a period not exceeding three months under regulation 13 of the EEA Regulations; or

F6iii

is a derivative right to reside to which he is entitled under F67regulation 16(1) of the EEA Regulations, but only in a case where the right exists under that regulation because the applicant satisfies the criteria in F68regulation 16(5) of those Regulations; or

F69iv

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F66c

his only right to reside in the Channel Islands, the Isle of Man or the Republic of Ireland is a right equivalent to one of those mentioned in sub-paragraph (b)(i), (ii) or (iii).

F421A

For the purposes of determining whether the only right to reside that a person has is of the kind mentioned in paragraph (1)(b) or (c), a right to reside by virtue of having been granted

F70a

limited leave to enter or remain in the United Kingdom under the Immigration Act 1971 by virtue of Appendix EU to the immigration rules made under section 3(2) of that Act; or

b

leave to enter the United Kingdom by virtue of an entry clearance that was granted under Appendix EU (Family Permit) to the immigration rules made under section 3(2) of that Act

is to be disregarded.

2

The following are not to be treated as persons from abroad who are ineligible for housing assistance pursuant to paragraph (1)(a)—

a

a worker;

b

a self-employed person;

F10c

a person who is treated as a worker for the purpose of the definition of “qualified person” in regulation 6(1) of the EEA Regulations pursuant to F23...—

i

regulation 6 of the Accession Regulations 2006 (right of residence of an accession State national subject to worker authorisation), or

ii

regulation 5 of the Accession Regulations 2013 (right of residence of an accession State national subject to worker authorisation);

d

a person who is the family member of a person specified in sub-paragraphs (a)-(c);

e

a person with a right to reside permanently in the United Kingdom by virtue of regulation F4315(1)(c), (d) or (e) of the EEA Regulations; F24and

F25f

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

g

a person who is in the United Kingdom as a result of his deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom F26.F4...

F27h

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F28i

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F65j

a person who is a frontier worker within the meaning of regulation 3 of the Citizens' Rights (Frontier Workers) (EU Exit) Regulations 2020; F86...

k

a person who—

i

is a family member of a person specified in sub-paragraph (j); and

ii

has a right to reside by virtue of having been granted limited leave to enter or remain in the United Kingdom under the Immigration Act 1971 by virtue of Appendix EU to the immigration rules made under section 3 of that Act;

F85l

a person who left Afghanistan in connection with the collapse of the Afghan government that took place on 15th August 2021;

F90m

a person who was residing in Ukraine immediately before 1st January 2022 and who left Ukraine in connection with the Russian invasion which took place on 24th February 2022;

F98n

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

RevocationI77

Subject to regulation 8, the Regulations specified in column (1) of the Schedule are revoked to the extent mentioned in column (3) of the Schedule.

Annotations:
Commencement Information
I7

Reg. 7 in force at 1.6.2006, see reg. 1(1)

Transitional provisionsI88

The revocations made by these Regulations shall not have effect in relation to an applicant whose application for—

a

an allocation of housing accommodation under Part 6 of the 1996 Act; or

b

housing assistance under Part 7 of the 1996 Act,

was made before 1st June 2006.

Annotations:
Commencement Information
I8

Reg. 8 in force at 1.6.2006, see reg. 1(1)

Signed by authority of the Secretary of State

Yvette CooperMinister of StateDepartment for Communities and Local Government