Citation and commencement

1. These Regulations may be cited as the Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2020 and come into force on 24th August 2020.

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 2

3. In regulation 2(1) (interpretation)—

(a) in the definition of “the Refugee Convention”, at the end omit “and”;

(b) after the definition of “the Refugee Convention” insert—

“ “relevant person of Northern Ireland” means a person who—

(a) is—

(i) a British citizen;

(ii) an Irish citizen; or

(iii) a British citizen and an Irish citizen; and

(b) was born in Northern Ireland and, at the time of the person’s birth, at least one of their parents was—

(i) a British citizen;

(ii) an Irish citizen;

(iii) a British citizen and an Irish citizen; or

(iv) otherwise entitled to reside in Northern Ireland without any restriction on their period of residence; and ” .

Amendments to regulation 3

4. In regulation 3 (persons subject to immigration control who are eligible for an allocation of housing accommodation)—

(a) for paragraph (f) substitute—

“ (f) Class F – a person—

(i) who has limited leave to enter or remain in the United Kingdom on family or private life grounds under Article 8 of the Human Rights Convention that is granted under paragraph 276BE(1), paragraph 276DG or Appendix FM of the Immigration Rules ( 3 ) ; and

(ii) who is not subject to a condition requiring the person to maintain and accommodate himself, and any person dependent upon him, without recourse to public funds; ” ;

(b) at the end of paragraph (g), omit “and”;

(c) at the end of paragraph (h), for “.” substitute “;”;

(d) after paragraph (h) insert—

“ (i) Class I – a person (P) who has limited leave to enter or remain in the United Kingdom by virtue of Appendix EU of the Immigration Rules ( 4 ) in circumstances where—

(i) P is a family member of a relevant person of Northern Ireland (“RP”) in accordance with those rules; and

(ii) P would have been considered eligible under regulation 4(2)(d) if RP were a person specified in regulation 4(2)(a) to (c); and

(j) Class J – a person who is habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland and who has limited leave to remain in the United Kingdom as a stateless person under paragraph 405 of the Immigration Rules ( 5 ) . ” .

Amendments to regulation 5

5. In regulation 5(1) (persons subject to immigration control who are eligible for housing assistance)—

(a) for sub-paragraph (g) substitute—

“ (g) Class G – a person who—

(i) has limited leave to enter or remain in the United Kingdom on family or private life grounds under Article 8 of the Human Rights Convention that is granted under paragraph 276BE(1), paragraph 276DG or Appendix FM of the Immigration Rules; and

(ii) who is not subject to a condition requiring the person to maintain and accommodate himself, and any person dependent upon him, without recourse to public funds; ” ;

(b) at the end of sub-paragraph (h), omit “and”;

(c) at the end of sub-paragraph (i), for “.” substitute “;”;

(d) after sub-paragraph (i) insert—

“ (j) Class J – a person (P) who has limited leave to enter or remain in the United Kingdom by virtue of Appendix EU of the Immigration Rules in circumstances where—

(i) P is a family member of a relevant person of Northern Ireland (RP) in accordance with those rules; and

(ii) P would have been considered eligible under regulation 6(2)(d) if RP were a person specified in regulation 6(2)(a) to (c); and

(k) Class K – a person who is habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland and who has limited leave to remain in the United Kingdom as a stateless person under paragraph 405 of the Immigration Rules. ” .