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) Regulations 2025 and come into force on 18th July 2025.

(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 (s) insert—

“(t)Class T — a person who—

(i)was residing in a country or territory and left that country or territory when His Majesty’s Government provided public information to advise British nationals to leave that country or territory or arranged an evacuation of British nationals from that country or territory,

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

(iii)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,

(iv)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, and

(v)made an application for housing accommodation under Part 6 of the 1996 Act(5) within the period of 6 months beginning with the date on which His Majesty’s Government first provided public information to advise British nationals to leave that country or territory, or the first day of an evacuation operation by His Majesty’s Government of British nationals from that country or territory, whichever is later.”.

(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 (o) insert—

“(p)a person who—

(i)was residing in a country or territory and left that country or territory when His Majesty’s Government provided public information to advise British nationals to leave that country or territory or arranged an evacuation of British nationals from that country or territory, and

(ii)made an application for housing accommodation under Part 6 of the 1996 Act within the period of 6 months beginning with the date on which His Majesty’s Government first provided public information to advise British nationals to leave that country or territory, or the first day of an evacuation operation by His Majesty’s Government of British nationals from that country or territory, whichever is later.”.

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

“(u)Class U — a person who—

(i)was residing in a country or territory and left that country or territory when His Majesty’s Government provided public information to advise British nationals to leave that country or territory or arranged an evacuation of British nationals from that country or territory,

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

(iii)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,

(iv)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, and

(v)made an application for housing assistance under Part 7 of the 1996 Act within a period of 6 months beginning with the date on which His Majesty’s Government first provided public information to advise British nationals to leave that country or territory, or the first day of an evacuation operation by His Majesty’s Government of British nationals from that country or territory, whichever is later.”.

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

“(p)a person who—

(i)was residing in a country or territory and left that country or territory when His Majesty’s Government first provided public information to advise British nationals to leave that country or territory or arranged an evacuation of British nationals from that country or territory, and

(ii)made an application for housing assistance under Part 7 of the 1996 Act within the period of 6 months beginning with the date on which His Majesty’s Government first provided public information to advise British nationals to leave that country or territory, or the first day of an evacuation operation by His Majesty’s Government of British nationals from that country or territory, whichever is later.”.

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(6) is amended as follows.

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

“(r)Class FL––a person who—

(i)was residing in a country or territory and left that country or territory when His Majesty’s Government provided public information to advise British nationals to leave that country or territory or arranged an evacuation of British nationals from that country or territory,

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

(iii)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,

(iv)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, and

(v)made an application for housing accommodation under the accommodation provisions(7) within the period of 6 months beginning with the date on which His Majesty’s Government first provided public information to advise British nationals to leave that country or territory, or the first day of an evacuation operation by His Majesty’s Government of British nationals from that country or territory, whichever is later.”.

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

“(aa)the class specified in article 3(r) (Class FL) but as if, in sub-paragraph (v), for “housing accommodation under the accommodation provisions” there were substituted “homelessness assistance under the homelessness provisions(8)”;”.