Citation, commencement and application

1. —(1) These Regulations may be cited as the Allocation of Housing (Qualification Criteria for Right to Move) (England) Regulations 2015.

(2) These Regulations come into force on 20th April 2015.

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

Interpretation

2. Any reference in these Regulations to a section is a reference to a section of the Housing Act 1996.

Criterion that may not be used in deciding what classes of persons are not qualifying persons

3. —(1) In deciding whether a person is a qualifying person under section 160ZA(7), a local housing authority may not use the criterion set out in paragraph (2) if the allocation involves a transfer of housing accommodation for that person from the district of another local housing authority in England.

(2) The criterion is that a relevant person must have a local connection with the district of the local housing authority.

(3) In this regulation “local connection” has the meaning given by section 199.

Relevant person

4. For the purposes of regulation 3, a relevant person is a person who—

(a) falls within section 159(4A)(a) or (b)( 2 ),

(b) is to be given reasonable preference under section 166A(3)(e)( 3 ), and

(c) has a need to move falling within regulation 5(1).

Need to move

5. —(1) Subject to paragraph (2), for the purposes of regulation 4, a relevant person has a need to move because the relevant person—

(a) works in the district of the local housing authority, or

(b) (i) has been offered work in the district of the local housing authority, and

(ii) the authority is satisfied that the relevant person has a genuine intention of taking up the offer of work.

(2) This regulation does not apply if the need to move is associated with work or the offer of work which is—

(a) short-term or marginal in nature,

(b) ancillary to work in another district, or

(c) voluntary work.

(3) In this regulation “voluntary work” means work where no payment is received by the relevant person or the only payment due to be made to the relevant person by virtue of being so engaged is a payment in respect of any expenses reasonably incurred by the relevant person in the course of being so engaged.