- Latest available (Revised) - English
- Latest available (Revised) - Welsh
- Point in Time (19/07/2019)
- Original (As made) - English
- Original (As made) - Welsh
Version Superseded: 31/12/2020
Point in time view as at 19/07/2019. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
There are currently no known outstanding effects for the The Allocation of Housing and Homelessness (Eligibility) (Wales) Regulations 2014, Section 6.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
6.—(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), 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; 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; 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) and (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 [F2housing assistance] 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
F1Reg. 6(1A) inserted (19.7.2019) by The Allocation of Housing and Homelessness (Eligibility) (Wales) (Amendment) (No 2) Regulations 2019 (S.I. 2019/1149), regs. 1, 2(3) (with reg. 3)
F2Words in reg. 6(2) substituted (22.6.2017) by The Allocation of Housing and Homelessness (Eligibility) (Wales) (Amendment) Regulations 2017 (S.I. 2017/698), regs. 1(2), 2(5)
Commencement Information
I1Reg. 6 in force at 31.10.2014, see reg. 1(1)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.
Original (As Enacted or Made) - English: The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search. A point in time version is only available in English.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: