Explanatory note

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 are eligible or ineligible for an allocation of housing accommodation under Part 6 of the Housing Act 1996 or for homelessness assistance under Part 7 of that Act.

A person who is subject to immigration control is ineligible for an allocation of housing or for housing assistance unless they come within a class of persons prescribed in regulations by the Secretary of State (sections 160ZA(2) and 185(2) of the Housing Act 1996). The effect of the amendments made by regulations 2(3)(c) and 2(5)(c) is to insert a new category of persons who are eligible for an allocation of housing or homelessness assistance. These are certain Afghan citizens who were locally employed by the UK government in Afghanistan and have since been granted limited leave to remain in the UK.

A person who is not subject to immigration control is ineligible for an allocation or for housing assistance if he is 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. The effect of the amendments at 2(4)(a) and 2(6)(a) is to remove the exemption from the habitual residence test for nationals of Bulgaria and Romania subject to the worker authorisation scheme established by the Accession (Immigration and Worker Authorisation) Regulations 2006. That scheme came to an end on 1 January 2014 so there is no longer a need for the exemption.

The amendments at 2(4)(c) and 2(6)(c) are made to remove the exemption from the habitual residence test for persons fleeing the volcanic eruption in Montserrat, as sufficient time has elapsed since then for the exemption no longer to be needed, and to remove time limited exemptions in relation to persons leaving the Lebanon and Zimbabwe which are now spent.