Statutory Instruments
2019 No. 861
Exiting The European Union, England
Housing, England
The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) (EU Exit) Regulations 2019
Made
11th April 2019
Laid before Parliament
16th April 2019
Coming into force
7th May 2019
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 160ZA(4), 172(4), 185(3), and 215(2) of the Housing Act 1996( 1 ).
Citation and commencement
1. These Regulations may be cited as the Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) (EU Exit) Regulations 2019 and come into force on 7th May 2019.
Amendment of the Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006
2.The Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006( 2 ) are amended as follows.
Amendments to regulation 4
3. In regulation 4 (other persons from abroad who are ineligible for an allocation of housing accommodation)—
(a) after paragraph (1) insert—
“ (1A) For the purposes of determining whether the only right to reside that a person has is of the kind mentioned in paragraph (1)(b) or (c), a right to reside by virtue of having been granted limited leave to enter or remain in the United Kingdom under the Immigration Act 1971 ( 3 ) by virtue of Appendix EU to the immigration rules made under section 3 of that Act ( 4 ) is to be disregarded. ” ;
(b) in paragraph (2)(e), for “15(c)” substitute “15(1)(c)”.
Amendments to regulation 6
4. In regulation 6 (other persons from abroad who are ineligible for housing assistance)—
(a) after paragraph (1) insert—
“ (1A) For the purposes of determining whether the only right to reside that a person has is of the kind mentioned in paragraph (1)(b) or (c), a right to reside by virtue of having been granted limited leave to enter or remain in the United Kingdom under the Immigration Act 1971 by virtue of Appendix EU to the immigration rules made under section 3 of that Act is to be disregarded. ” ;
(b) in paragraph (2)(e), for “15(c)” substitute “15(1)(c)”.
Transitional provision
5. The amendments made by these Regulations do not have effect in relation to an application for—
(a) an allocation of housing accommodation under Part 6 of the Housing Act 1996; or
(b) housing assistance under Part 7 of the Housing Act 1996,
which was made before the coming into force of these Regulations.
Signed by authority of the Secretary of State for Housing, Communities and Local Government
Kit Malthouse
Minister of State
Ministry of Housing, Communities and Local Government
11th April 2019
1996 c. 52 . Section 160ZA was inserted by section 146(1) of the Localism Act 2011 (c. 20) and amended by S.I. 2013/620 . Relevant amendments to section 185 were made by paragraph 7(1) of Schedule 1 to the Homelessness Act 2002 (c. 7) and S.I. 2013/630 .
S.I. 2006/1294 ; amended by S.I. 2012/2588 . There are other amending instruments but none is relevant.
1971 c. 77 . The amendments to section 3 are not relevant to these Regulations.
Laid before Parliament on 23rd May 1994 (HC 395), as amended. Appendix EU was laid before Parliament on 20th July 2018 (CM 9675).