Explanatory note

Regulation 5 of the Allocation of Housing (England) Regulations 2002 (“the 2002 Regulations”) and regulation 4 of the Homelessness (England) Regulations 2000 (“the 2000 Regulations”) make provision in respect of the ineligibility of persons from abroad who are not subject to immigration control for, respectively, an allocation of housing accommodation under Part 6 of the Housing Act 1996 and housing assistance under Part 7 of that Act.

These Regulations, which come into force on 1st May 2004, substitute a new regulation 5 in the 2002 Regulations and a new regulation 4 in the 2000 Regulations.

The new regulations provide that, with certain specified exceptions, a person who is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland is not eligible for an allocation of housing accommodation or housing assistance. They further provide that a person shall not be treated as habitually resident if he has no right to reside in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland. In addition, they provide that a person is ineligible if his right to reside in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland derives solely from Council Directive 90/364/EEC (on the right of residence of nationals of Member States who do not enjoy this right under other provisions of Community law) or 90/365/EEC (on the right of residence for employees and self-employed persons who have ceased their occupational activity).

These amendments do not have effect in relation to an application for an allocation or for housing assistance made before 1st May 2004 (regulation 4).

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.