Other persons from abroad who are ineligible for an allocation of housing accommodation4
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
c
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) which is derived from the Treaty establishing the European Community.
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;
c
a person who is an accession state worker requiring registration 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 regulation 5 of the Accession Regulations6;
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 15(c), (d) or (e) of the EEA Regulations;
f
a person who left the territory of Montserrat after 1st November 1995 because of the effect on that territory of a volcanic eruption; and
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.