Other persons from abroad who are ineligible for an allocation of housing accommodation E+W

4.—(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), the person is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man, or the Republic of Ireland;

(b) the person’s only right to reside in the United Kingdom—

(i) is derived from the person’s status as a jobseeker or a 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(1); or

(iii) is a derivative right to reside to which the person is entitled under regulation 15A(1) of the EEA Regulations, but only in a case where the right exists under that regulation because the applicant satisfies the criteria in regulation 15A(4A) of those Regulations(2); or

(iv) is derived from Article 20 of the Treaty on the Functioning of the European Union, in a case where the right to reside arises because a British citizen would otherwise be deprived of the genuine enjoyment of the substance of their rights as a European Union citizen; or

(c) the person’s only right to reside in the Channel Islands, the Isle of Man or the Republic of Ireland—

(i) is a right equivalent to one of those mentioned in sub-paragraph (b)(i), (ii) or (iii) which is derived from the Treaty on the Functioning of the European Union; or

(ii) is derived from Article 20 of the Treaty of the Functioning of the European Union in a case where the right to reside—

(aa) in the Republic of Ireland arises because an Irish citizen; or

(bb) in the Channel Islands or the Isle of Man arises because a British citizen also entitled to reside there,

would otherwise be deprived of the genuine enjoyment of the substance of their rights as a European Union citizen.

[F1 (1A) For the purposes of determining whether the only right to reside that a person has is of a kind mentioned in paragraph (1)(b) or (c), 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 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;

(c) 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 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 15(1)(c), (d) or (e) of the EEA Regulations; and

(f) a person who is in the United Kingdom as a result of the person’s deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom.

Textual Amendments

F1 Reg. 4(1A) inserted (19.7.2019) by The Allocation of Housing and Homelessness (Eligibility) (Wales) (Amendment) Regulations 2019 (S.I. 2019/1041), regs. 1, 2(3) (with reg. 3)

Commencement Information

I1 Reg. 4 in force at 31.10.2014, see reg. 1(1)

(1)

Regulation 13 was amended by S.I. 2012/1547.

(2)

Regulation 15A was added by S.I. 2012/1547 and has been amended by regulation 2 of, and the Schedule to S.I. 2012/2560.