Regulation 3 Classes of persons subject to immigration control who are eligible for housing assistance

The following are the classes of persons prescribed for the purposes of section 185(2) of the Act (persons subject to immigration control who are eligible for housing assistance) —

• Class A — a person recorded by the Secretary of State as a refugee within the definition in Article 1 of the Convention;

• Class B — a person who has made a claim for asylum which is recorded by the Secretary of State as having been made on his arrival (other than on his re-entry) in the United Kingdom from a country outside the Common Travel Area and which has not been recorded by the Secretary of State as having been determined or abandoned;

• Class C — a person who becomes an asylum seeker, that is to say —

  1. (i)

     whilst that person is present in Great Britain the Secretary of State makes a declaration to the effect that the country of which that person is a national is subject to such a fundamental change in circumstances that he would not normally order the return of a person to that country; and

  2. (ii)

     that person makes a claim for asylum which is recorded by the Secretary of State as having been made within three months from the day on which that declaration was made,

• provided that the claim for asylum has not been recorded by the Secretary of State as having been determined or abandoned;

• Class D — a person (other than a person falling within Class B) who —

  1. (i)

     on or before 4th February 1996 made a claim for asylum; and

  2. (ii)

     was on that date entitled to benefit under the Housing Benefit (General) Regulations 1987;^f1

• where either —

  1. (i)

     his claim has not been recorded by the Secretary of State as having been determined or abandoned; or

  2. (ii)

     there was on that date an appeal pending in respect of that claim or such an appeal is made within the time limits specified in the rules of procedure made under section 22 of the 1971 Act and, in either case, no determination or abandoning of the appeal in question has been recorded by the Secretary of State;

• Class E — a person —

  1. (i)

     who has been granted by the Secretary of State exceptional leave to enter or remain in the United Kingdom outside the provisions of the immigration rules; and

  2. (ii)

     whose leave is not subject to a condition requiring him to maintain and accommodate himself and any dependants of his without recourse to public funds;

• Class F — a person who has a current leave to enter or remain in the United Kingdom which is not subject to any limitation or condition other than a person —

  1. (i)

     who has been given leave to enter or remain in the United Kingdom upon an undertaking given by another person (his “sponsor”) or persons in writing in pursuance of the immigration rules to be responsible for his maintenance and accommodation;

  2. (ii)

     who has been resident in the United Kingdom for less than five years beginning from the date of entry or the date on which the undertaking was given in respect of him, whichever date is the later; and

  3. (iii)

     whose sponsor or, where there is more than one sponsor, at least one of whose sponsors, is still alive.