Article 7 Homelessness—Scotland and Northern IrelandI1

Scotland and Northern Ireland

(1)

The following are classes of persons specified for the purposes of section 119(1) of the 1999 Act (homelessness: Scotland and Northern Ireland) in respect of Scotland and Northern Ireland–

F1(a)

the classes specified in article 3(a) to (d) and F2the classes specified in article F33(g) to (q) (Class A, Class B, Class BA, F4Class BB, Class C, Class D F5, Class FA, F6Class FAA, F7Class FAB, Class FB F8, F9Class FC, Class FD, Class FE, Class FF F10, Class FG F11, Class FH F12, Class FI, Class FJ and Class FK);

F13(aa)

the class specified in article 3(r) (Class FL) but as if, in sub-paragraph (v), for “housing accommodation under the accommodation provisions” there were substituted “homelessness assistance under the homelessness provisions”;

(b)

Class Q—a person who is an asylum-seeker and who made a claim for asylum–

(i)

which is recorded by the Secretary of State as having been made on his arrival (other than on re-entry) in the United Kingdom from a country outside the Common Travel Area; and

(ii)

which has not been recorded by the Secretary of State as having been either decided (other than on appeal) or abandoned;

(c)

Class R—a person who is an asylum-seeker and–

(i)

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

(ii)

who was, on 4th February 1996, entitled to benefit under regulation 7A of the Housing Benefit (General) Regulations 1987^f1 (persons from abroad) or regulation 7A of the Housing Benefit (General) Regulations (Northern Ireland) 1987^f2 (persons from abroad).

(2)

In paragraph (1)(c)(i), a relevant claim for asylum is a claim for asylum which–

(a)

has not been recorded by the Secretary of State as having been either decided (other than on appeal) or abandoned; or

(b)

has been recorded as having been decided (other than on appeal) on or before 4th February 1996 and in respect of which an appeal is pending which–

(i)

was pending on 5th February 1996; or

(ii)

was made within the time limits specified in the rules of procedure made under section 22 of the 1971 Act (procedure)^f3.

Annotations

Textual amendments

F1: Art. 7(1)(a) substituted (9.7.2018) by The Persons Subject to Immigration Control (Housing Authority Accommodation and Homelessness) (Amendment) Order 2018 (S.I. 2018/729), arts. 1, 2(3)
F2: Words in art. 7(1)(a) substituted (24.8.2020) by The Persons Subject to Immigration Control (Housing Authority Accommodation and Homelessness) (Amendment) Order 2020 (S.I. 2020/825), arts. 1, 2(4)(a)
F3: Words in art. 7(1)(a) substituted (7.6.2024) by The Allocation of Housing and Homelessness (Eligibility) (England) and Persons Subject to Immigration Control (Housing Authority Accommodation and Homelessness) (Amendment) Regulations 2024 (S.I. 2024/647), regs. 1(1), 3(4)(a)
F4: Words in art. 7(1)(a) inserted (30.1.2023) by The Allocation of Housing and Homelessness (Eligibility) (England) and Persons Subject to Immigration Control (Housing Authority Accommodation and Homelessness) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1371), regs., 3(3)
F5: Words in art. 7(1)(a) substituted (24.8.2020) by The Persons Subject to Immigration Control (Housing Authority Accommodation and Homelessness) (Amendment) Order 2020 (S.I. 2020/825), arts. 1, 2(4)(b)
F6: Words in art. 7(1)(a) inserted (22.3.2022) by The Allocation of Housing and Homelessness (Eligibility) (England) and Persons subject to Immigration Control (Housing Authority Accommodation and Homelessness) (Amendment) Regulations 2022 (S.I. 2022/339), regs. 1(1), 3(3)
F7: Words in art. 7(1)(a) inserted (10.6.2022) by The Allocation of Housing and Homelessness (Eligibility) (England) and Persons Subject to Immigration Control (Housing Authority Accommodation and Homelessness) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/601), regs. 1(1), 3(3) (as amended by S.I. 2022/626, regs. 1(1), 2)
F8: Words in art. 7(1)(a) substituted (16.9.2021) by The Allocation of Housing and Homelessness (Eligibility) (England) and Persons subject to Immigration Control (Housing Authority Accommodation and Homelessness) (Amendment) Regulations 2021 (S.I. 2021/1045), regs. 1(1), 3(3)(b)
F9: Words in art. 7(1)(a) substituted (6.4.2022) by The Immigration (Restrictions on Employment and Residential Accommodation) (Prescribed Requirements and Codes of Practice) and Licensing Act 2003 (Personal and Premises Licences) (Forms), etc., Regulations 2022 (S.I. 2022/242), regs. 1(1)(b), 2(4)(b)
F10: Words in art. 7(1)(a) substituted (15.5.2023) by The Allocation of Housing and Homelessness (Eligibility) (England) and Persons Subject to Immigration Control (Housing Authority Accommodation and Homelessness) (Amendment) Regulations 2023 (S.I. 2023/530), regs. 1(1), 3(3)(b)
F11: Words in art. 7(1)(a) substituted (27.10.2023) by The Allocation of Housing and Homelessness (Eligibility) (England) and Persons Subject to Immigration Control (Housing Authority Accommodation and Homelessness) (Amendment) (No. 2) Regulations 2023 (S.I. 2023/1142), regs. 1(1), 3(3)(b)
F12: Words in art. 7(1)(a) substituted (7.6.2024) by The Allocation of Housing and Homelessness (Eligibility) (England) and Persons Subject to Immigration Control (Housing Authority Accommodation and Homelessness) (Amendment) Regulations 2024 (S.I. 2024/647), regs. 1(1), 3(4)(b)
F13: Art. 7(1)(aa) inserted (18.7.2025) by The Allocation of Housing and Homelessness (Eligibility) (England) and Persons Subject to Immigration Control (Housing Authority Accommodation and Homelessness) (Amendment) Regulations 2025 (S.I. 2025/891), regs. 1(1), 3(3)

Commencement

I1: Art. 7 in force at 3.4.2000, see art. 1(1)

Footnotes

f1: S.I. 1987/1971; relevant amending instruments are S.I. 1994/470 and 1994/1807.
f2: S.R. 1987 No. 461; relevant amending regulations are S.R. 1994 No. 80 and S.R. 1994 No. 266.
f3: Section 22 was amended by S.I. 1987/465; there are other amendments not relevant to this Order.