Citation, commencement and extent

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) (No. 2) Regulations 2023 and come into force on 27th October 2023.

(2) This regulation extends to England and Wales, Scotland and Northern Ireland.

(3) The amendments made by regulations 2 and 3 have the same extent as the provisions which 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 (p) insert—

“ (q) Class Q — a person who—

(i) was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7th October 2023;

(ii) left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7th October 2023 or the violence which rapidly escalated in the region following the attack;

(iii) has leave to enter or remain in the United Kingdom given in accordance with the Immigration Rules ( 4 ) ;

(iv) is not a person whose leave is subject to a condition requiring that person to maintain and accommodate themself, and any person who is dependent on that person, without recourse to public funds; and

(v) is not a person (“ P ”)—

(aa) who has been given leave upon an undertaking given by P’s sponsor;

(bb) who has been resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland for less than five years beginning on the date of entry or the date on which P’s sponsor gave the undertaking in respect of P, whichever date is later; and

(cc) whose sponsor, or where there is more than one sponsor, at least one of whose sponsors, is still alive. ” .

(3) In regulation 4(2) (persons not to be treated as persons from abroad who are ineligible for an allocation of housing accommodation), after sub-paragraph (n) insert—

“ (o) a person who was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7th October 2023 and who left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7th October 2023 or the violence which rapidly escalated in the region following the attack. ” .

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

“ (r) Class R — a person who—

(i) was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7th October 2023;

(ii) left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7th October 2023 or the violence which rapidly escalated in the region following the attack;

(iii) has leave to enter or remain in the United Kingdom given in accordance with the Immigration Rules;

(iv) is not a person whose leave is subject to a condition requiring that person to maintain and accommodate themself, and any person who is dependent on that person, without recourse to public funds; and

(v) is not a person (“ P ”)—

(aa) who has been given leave upon an undertaking given by P’s sponsor;

(bb) who has been resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland for less than five years beginning on the date of entry or the date on which P’s sponsor gave the undertaking in respect of P, whichever date is the later; and

(cc) whose sponsor or, where there is more than one sponsor, at least one of whose sponsors, is still alive. ” .

(5) In regulation 6(2) (persons not to be treated as persons from abroad who are ineligible for housing assistance), after sub-paragraph (n) insert—

“ (o) a person who was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7th October 2023 and who left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7th October 2023 or the violence which rapidly escalated in the region following the attack. ” .

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 (n) insert—

“ (o) Class FI––a person who—

(i) was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7th October 2023;

(ii) left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7th October 2023 or the violence which rapidly escalated in the region following the attack;

(iii) has leave to enter or remain in the United Kingdom given in accordance with the immigration rules ( 6 ) ;

(iv) is not a person whose leave is subject to a condition requiring that person to maintain and accommodate themself, and any person who is dependent on that person, without recourse to public funds; and

(v) is not a person (“ P ”)—

(aa) who has been given leave upon an undertaking given by P’s sponsor;

(bb) who has been resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland for less than five years beginning on the date of entry or the date on which P’s sponsor gave the undertaking in respect of P, whichever date is the later; and

(cc) whose sponsor or, where there is more than one sponsor, at least one of whose sponsors, is still alive. ” .

(3) In article 7(1) (homelessness – Scotland and Northern Ireland), in sub-paragraph (a)—

(a) for “3(g) to (n)” substitute “3(g) to (o)” ;

(b) for “and Class FH” substitute “, Class FH and Class FI” .