Citation, commencement, extent and application

1. —(1) These Regulations may be cited as the Allocation of Housing and Homelessness (Eligibility) (England) and Persons subject to Immigration Control (Housing Authority Accommodation and Homelessness) (Amendment) Regulations 2022 and come into force on 22nd March 2022.

(2) Regulation 2—

(a) extends to England and Wales;

(b) applies in relation to England.

(3) The amendments made by regulation 3 have the same extent and application as the provisions they amend.

Amendment of the Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006

2. —(1)The Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006( 3 ) are amended as follows.

(2) In regulation 3 (persons subject to immigration control who are eligible for an allocation of housing accommodation), after paragraph (l) insert—

“ (m) Class M – a person in the United Kingdom who—

(i) was residing in Ukraine immediately before 1st January 2022;

(ii) left Ukraine in connection with the Russian invasion which took place on 24th February 2022; and

(iii) has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971 ( 4 ) ,

but excluding a person (P) who is subject to a condition requiring P to maintain and accommodate themselves, and any person who is dependent on P, without recourse to public funds; ” .

(3) In regulation 4(2) (other persons from abroad who are ineligible for an allocation of housing accommodation), after sub-paragraph (l) insert—

“ (m) a person who was residing in Ukraine immediately before 1st January 2022 and who left Ukraine in connection with the Russian invasion which took place on 24th February 2022. ” .

(4) In regulation 5(1) (persons subject to immigration control who are eligible for housing assistance), after sub-paragraph (m) insert—

“ (n) Class N – a person in the United Kingdom who—

(i) was residing in Ukraine immediately before 1st January 2022;

(ii) left Ukraine in connection with the Russian invasion which took place on 24th February 2022; and

(iii) has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971,

but excluding a person (P) who is subject to a condition requiring P to maintain and accommodate themselves, and any person who is dependent on P, without recourse to public funds; ” .

(5) In regulation 6(2) (other persons from abroad who are ineligible for housing assistance), after sub-paragraph (l) insert—

“ (m) a person who was residing in Ukraine immediately before 1st January 2022 and who left Ukraine in connection with the Russian invasion which took place on 24th February 2022. ” .

Amendment of the Persons subject to Immigration Control (Housing Authority Accommodation and Homelessness) Order 2000

3. —(1)The Persons subject to Immigration Control (Housing Authority Accommodation and Homelessness) Order 2000( 5 ) is amended as follows.

(2) In article 3 (housing authority accommodation—England, Scotland and Northern Ireland), after paragraph (g) insert—

“ (ga) Class FAA –– a person in the United Kingdom who—

(i) was residing in Ukraine immediately before 1st January 2022;

(ii) left Ukraine in connection with the Russian invasion which took place on 24th February 2022; and

(iii) has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971,

but excluding a person (P) who is subject to a condition requiring P to maintain and accommodate themselves, and any person who is dependent on P, without recourse to public funds. ” .

(3) In article 7(1) (homelessness—Scotland and Northern Ireland), in sub-paragraph (a), after “Class FA,” insert “Class FAA,” .