The Allocation of Housing and Homelessness (Eligibility) (England) and Persons Subject to Immigration Control (Housing Authority Accommodation and Homelessness) (Amendment) Regulations 2024

• Citation: S.I. 2024/647
• Sections: 3

Section 1 Citation, commencement and extent

(1) These Regulations may be cited as the Allocation of Housing and Homelessness (Eligibility) (England) and Persons Subject to Immigration Control (Housing Authority Accommodation and Homelessness) (Amendment) Regulations 2024 and come into force 21 days after the date on which they are laid.

(2) This regulation extends to England and Wales, Scotland and Northern Ireland.

(3) The amendments made by regulations 2 and 3 have the same extent as the provisions which they amend.

Section 2 Amendment of the Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006

(1) The Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006 are amended as follows.

(2) In regulation 2(1) (interpretation), omit the definition of “the Accession Regulations 2013”.

(3) In regulation 3 (persons subject to immigration control who are eligible for an allocation of housing accommodation), after paragraph (q) insert—

(r) Class R — a person (P) who has indefinite leave to enter the United Kingdom by virtue of Appendix Victim of Domestic Abuse of the Immigration Rules in circumstances where P is a victim of transnational marriage abandonment ;

(s) Class S— a person who has limited leave to enter or limited leave to remain in the United Kingdom and who, after making a change of conditions application, has had their no recourse to public funds condition lifted by the Home Office in accordance with section 3(1)(c)(ii) of the Immigration Act 1971 , and is not a person within Class F or Class K in this regulation.

(4) In regulation 4 (other persons from abroad who are ineligible for an allocation of housing accommodation), omit paragraph (2)(c).

(5) In regulation 5(1) (persons subject to immigration control who are eligible for housing assistance), after sub-paragraph (r) insert—

(s) Class S— a person (P) who has indefinite leave to enter the United Kingdom by virtue of Appendix Victim of Domestic Abuse of the Immigration Rules in circumstances where P is a victim of transnational marriage abandonment;

(t) Class T— a person who has limited leave to enter or limited leave to remain in the United Kingdom and who, after making a change of conditions application, has had their no recourse to public funds condition lifted by the Home Office in accordance with section 3(1)(c)(ii) of the Immigration Act 1971, and who does not fall within Class G or Class L in this regulation.

(6) In regulation 6 (other persons from abroad who are ineligible for housing assistance), omit paragraph (2)(c).

Section 3 Amendment of the Persons subject to Immigration Control (Housing Authority Accommodation and Homelessness) Order 2000

(1) The Persons subject to Immigration Control (Housing Authority Accommodation and Homelessness) Order 2000 is amended as follows.

(2) In article 2 (interpretation), omit the definition of “the Accession Regulations”.

(3) In article 3 (housing authority accommodation – England, Scotland and Northern Ireland)—

(a) in paragraph (a), after “Convention” insert “and who has leave to enter or remain in the United Kingdom” ;

(b) in paragraph (h)(ii)—

(i) in paragraph (bb), omit “or”;

(ii) omit paragraph (cc);

(c) after paragraph (o) insert—

(p) Class FJ—a person (P) who has indefinite leave to enter the United Kingdom by virtue of Appendix Victim of Domestic Abuse of the immigration rules in circumstances where P is a victim of transnational marriage abandonment;

(q) Class FK—a person who has limited leave to enter or limited leave to remain in the United Kingdom and who, after making a change of conditions application, has had their no recourse to public funds condition lifted by the Home Office in accordance with section 3(1)(c)(ii) of the Immigration Act 1971, and who does not fall within Class FE or Class FG in this regulation.

(4) In article 7(1) (homelessness – Scotland and Northern Ireland), in sub-paragraph (a)—

(a) for “3(g) to (o)” substitute “3(g) to (q)” ;

(b) for “and Class FI” substitute “, Class FI, Class FJ and Class FK” .