Regulation 4 Description of persons who are to be treated as persons from abroad ineligible for housing assistance.
The following are descriptions of persons, other than persons who are subject to immigration control, who are to be treated for the purposes of Part VII of the 1996 Act (homelessness) as persons from abroad who are ineligible for housing assistance—
subject to paragraphs (2) and (3), a person who is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland;
a person whose right to reside in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland is derived solely from Council Directive No. 90/364/EEC or Council Directive No. 90/365/EEC.
The following persons will not, however, be treated as persons from abroad who are ineligible pursuant to paragraph (1)(a)—
a person who is a worker for the purposes of Council Regulation (EEC) No. 1612/68 or (EEC) No. 1251/70;
a person who is an accession state worker requiring registration who is treated as a worker for the purpose of the definition of “qualified person” in regulation 6 of the Immigration (European Economic Area) Regulations 2006f1 pursuant to regulation 5 of the Accession (Immigration and Worker Registration) Regulations 2004f2;
a person with a right to reside pursuant to the Immigration (European Economic Area) Regulations 2006f3, which is derived from Council Directive No. 68/360/EEC, No. 73/148/EEC or No. 75/34/EEC;
a person who left the territory of Montserrat after 1 November 1995 because of the effect on that territory of a volcanic eruption.
A person will not be treated as habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland for the purposes of paragraph (1)(a) if he does not have a right to reside in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland.
Annotations
Footnotes
- f1
- f2
- f3