This Statutory Instrument has been printed to correct errors in S.I. 2020/667 and is being issued free of charge to all known recipients of that Statutory Instrument.
Statutory Instruments
2021 No. 665
Housing, England
The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2021
Made
4th June 2021
Laid before Parliament
8th June 2021
Coming into force
29th June 2021
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 160ZA(2) and 185(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) Regulations 2021 and come into force on 29th June 2021.
Extent and application
2. —(1) These Regulations extend to England and Wales.
(2) These Regulations apply to England only.
Amendment of the Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006
3.The Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006( 2 ) are amended as follows.
Amendments to regulation 3
4. In regulation 3 (persons subject to immigration control who are eligible for an allocation of housing accommodation)—
(a) at the end of paragraph (i), omit “and”;
(b) at the end of paragraph (j), insert—
“ and
(k) Class K – a person (P)—
(i) who has limited leave to enter or remain in the United Kingdom by virtue of Appendix Hong Kong British National (Overseas) of the Immigration Rules ( 3 ) ;
(ii) whose leave to enter or remain is not subject to a condition requiring P to maintain and accommodate P, and any person dependent upon P, without recourse to public funds; and
(iii) who is habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland. ” .
Amendments to regulation 5
5. In regulation 5(1) (persons subject to immigration control who are eligible for housing assistance)—
(a) in sub-paragraph (g)—
(i) after “a person”, omit “who”;
(ii) at the beginning of paragraph (i), insert “who”;
(b) at the end of sub-paragraph (j), omit “and”;
(c) at the end of sub-paragraph (k), insert—
“ and
(l) Class L – a person (P)—
(i) who has limited leave to enter or remain in the United Kingdom by virtue of Appendix Hong Kong British National (Overseas) of the Immigration Rules;
(ii) whose leave to enter or remain is not subject to a condition requiring P to maintain and accommodate P, and any person dependent upon P, without recourse to public funds; and
(iii) who is habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland. ” .
Signed by authority of the Secretary of State for Housing, Communities and Local Government
Eddie Hughes
Parliamentary Under Secretary of State
Ministry of Housing, Communities and Local Government
4th June 2021
1996 c. 52 . Section 160ZA was inserted by section 146(1) of the Localism Act 2011 (c. 20) and was amended by S.I. 2013/630 .
S.I. 2006/1294 ; relevant amending instruments are S.I. 2006/2527 , 2014/435 , 2016/965 , 2018/730 , 2018/1056 and 2020/667 ; there are other amending instruments but none are relevant.
Laid before Parliament on 23rd May 1994 (HC 395), as amended. Appendix Hong Kong British National (Overseas) was laid before Parliament on 22nd October 2020 (HC 813) and was subsequently amended by the statement of changes to the Immigration Rules: HC 1248 which was laid before Parliament on 4th March 2021.