# The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2009

S.I. 2009/358 · made 23 February 2009

These Regulations amend the provisions of the Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006 (“the Eligibility Regulations”) which determine which persons from abroad, other than persons subject to immigration control, are ineligible for an allocation of housing accommodation under Part 6 of the Housing Act 1996 or for housing assistance under Part 7 of that Act.

Made under: Housing Act 1996 (Section 160A, Section 172, Section 185, Section 215)

PDFs: Printed copy https://openlegislation.uk/allocation-of-housing-and-homelessness-eligibility-england-amendment-regulations-2009/pdf/uksi_20090358_en.pdf; Explanatory Memorandum https://openlegislation.uk/allocation-of-housing-and-homelessness-eligibility-england-amendment-regulations-2009/pdf/uksiem_20090358_en.pdf

## Introductory text

Housing, England
Made 23rd February 2009
Laid before Parliament 24th February 2009
Coming into force 18th March 2009
The Secretary of State, in exercise of the powers conferred by sections 160A(5), 172(4), 185(3) and 215(2) of the Housing Act 1996, makes the following Regulations:

## 1 Citation, commencement and application

(1) These regulations may be cited as the Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2009 and shall come into force on 18th March 2009.
(2) These Regulations apply in relation to England only.

## 2 Persons who left Zimbabwe

(1) The Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006 are amended as follows
(2) In regulation 4(2)(g) omit “and”
(3) At the end of regulations 4(2)(h) add
“and
(i) a person who—
(i) arrived in Great Britain on or after 28th February 2009 but before 18th March 2011;
(ii) immediately before arriving in Great Britain had been resident in Zimbabwe; and
(iii) before leaving Zimbabwe, had accepted an offer, made by Her Majesty’s Government, to assist that person to settle in the United Kingdom.”.
(4) In regulation 6(2)(g), omit “and”
(5) At the end of regulation 6(2)(h) add
“and
(i) a person who—
(i) arrived in Great Britain on or after 28th February 2009 but before 18th March 2011;
(ii) immediately before arriving in Great Britain had been resident in Zimbabwe; and
(iii) before leaving Zimbabwe, had accepted an offer, made by Her Majesty’s Government, to assist that person to settle in the United Kingdom.”.

## Signature

Signed by authority of the Secretary of State
John Healey
Minister of State
Department for Communities and Local Government
23rd February 2009

## Explanatory note

(This note is not part of the Order)
These Regulations amend the provisions of the Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006 (“the Eligibility Regulations”) which determine which persons from abroad, other than persons subject to immigration control, are ineligible for an allocation of housing accommodation under Part 6 of the Housing Act 1996 or for housing assistance under Part 7 of that Act.
The Eligibility Regulations provide that a person who is not subject to immigration control is ineligible for an allocation of housing accommodation or for housing assistance if they are not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland, unless specifically exempted from that requirement. Regulation 2 amends the Eligibility Regulations to create such an exemption. The effect of the provision is that a person not subject to immigration control who is not habitually resident, and who left Zimbabwe and arrived in Great Britain on or after 28th February 2009 having accepted an offer from Her Majesty’s Government of assistance for settlement in the United Kingdom, will be eligible for an allocation of housing accommodation or for housing assistance. However, the exemption only has effect until the 17th March 2011.
An impact assessment has not been produced for these Regulations as they have no impact on the costs of business, charities or voluntary bodies.

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Source: https://www.legislation.gov.uk/uksi/2009/358 (the official version)
Page: https://openlegislation.uk/allocation-of-housing-and-homelessness-eligibility-england-amendment-regulations-2009
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.