Citation, commencement and application

1. —(1) These Regulations may be cited as the Allocation of Housing and Homelessness (Amendment) (England) Regulations 2004 and shall come into force on 1st May 2004.

(2) These Regulations apply in relation to England only.

Allocation of housing

2. In the Allocation of Housing (England) Regulations 2002( 2 ), for regulation 5 (classes prescribed under section 160A(5) who are ineligible persons) substitute—

“ Classes of persons from abroad who are ineligible for a housing allocation

5. —(1) The following are classes of persons from abroad (not being persons subject to immigration control) prescribed for the purposes of section 160A(5) of the Act (persons prescribed as ineligible for an allocation of housing accommodation)—

(a) Class E - 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;

(b) Class F - 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 3 ) or Council Directive No. 90/365/EEC 4 ) .

(2) The following persons shall not, however, be ineligible pursuant to paragraph (1)(a)—

(a) a person who is a worker for the purposes of Council Regulation (EEC) No. 1612/68 5 ) or (EEC) No. 1251/70 6 ) ;

(b) 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 5(1) of the Immigration (European Economic Area) Regulations 2000 ( 7 ) pursuant to regulation 5 of the Accession (Immigration and Worker Registration) Regulations 2004 ( 8 ) ;

(c) a person with a right to reside pursuant to the Immigration (European Economic Area) Regulations 2000, which is derived from Council Directive No. 68/360/EEC 9 ) , No. 73/148/EEC 10 ) or No. 75/34/EEC 11 ) ;

(d) a person who left the territory of Montserrat after 1st November 1995 because of the effect on that territory of a volcanic eruption.

(3) A person shall 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. ” .

Homelessness

3. In the Homelessness (England) Regulations 2000( 12 ), for regulation 4 (descriptions of persons who are to be treated as persons from abroad ineligible for housing assistance) substitute—

“ Description of persons who are to be treated as persons from abroad ineligible for housing assistance.

4. —(1) 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 7 of the 1996 Act (homelessness) as persons from abroad who are ineligible for housing assistance—

(a) 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;

(b) 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 .

(2) The following persons shall not, however, be treated as persons from abroad who are ineligible pursuant to paragraph (1)(a)—

(a) a person who is a worker for the purposes of Council Regulation (EEC) No. 1612/68 or (EEC) No. 1251/70 ;

(b) 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 5(1) of the Immigration (European Economic Area) Regulations 2000 pursuant to regulation 5 of the Accession (Immigration and Worker Registration) Regulations 2004;

(c) a person with a right to reside pursuant to the Immigration (European Economic Area) Regulations 2000, which is derived from Council Directive No. 68/360/EEC , No. 73/148/EEC or No. 75/34/EEC ;

(d) a person who left the territory of Montserrat after 1st November 1995 because of the effect on that territory of a volcanic eruption.

(3) A person shall 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. ”

Transitional

4. The amendments made by these Regulations shall not have effect in relation to an applicant whose application for—

(a) an allocation of housing accommodation under Part 6 of the Housing Act 1996; or

(b) assistance under Part 7 of that Act,

was made before 1st May 2004.