The Homelessness Regulations 1996 No. 2754


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Statutory Instruments

1996 No. 2754

HOUSING, ENGLAND AND WALES

The Homelessness Regulations 1996

Made

30th October 1996

Laid before Parliament

31st October 1996

Coming into force

20th January 1997

The Secretary of State for the Environment, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred on them by sections 185(2) and (3), 194(6) and 198(4) of the Housing Act 1996(1), and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Homelessness Regulations 1996 and shall come into force on 20th January 1997.

Interpretation

2. In these Regulations -

"the Act" means the Housing Act 1996;

"the 1971 Act" means the Immigration Act 1971;(2)

"claim for asylum" means a claim made by a person that it would be contrary to the United Kingdom's obligations under the Convention for him to be removed from or required to leave the United Kingdom;

"the Common Travel Area" means the United Kingdom, the Channel Islands, the Isle of Man and the Republic of Ireland collectively;

"the Convention" means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951(3), as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967;(4)

"EEA national" means a national of a State which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993; and

"the immigration rules" means the immigration rules within the meaning of the 1971 Act.

Classes of persons subject to immigration control who are eligible for housing assistance

3. The following are the classes of persons prescribed for the purposes of section 185(2) of the Act (persons subject to immigration control who are eligible for housing assistance) -

Descriptions of persons who are to be treated as persons from abroad ineligible for housing assistance

4. The following are the descriptions of persons who are to be treated for the purposes of Part VII of the Act as persons from abroad who are ineligible for housing assistance -

(a)a person who is not habitually resident in the Common Travel Area other than -

(i)a person who falls within Class A, B, C, D or E of regulation 3;

(ii)a worker for the purposes of Council Regulation (EEC) No. 1612/68(6) or (EEC) No. 1251/70;(7)

(iii)a person with a right to reside in the United Kingdom pursuant to Council Directive No. 68/360/EEC(8) or No. 73/148/EEC;(9)

(b)a person who is an EEA national and is required by the Secretary of State to leave the United Kingdom.

Prescribed period of notice where an authority give notice that they propose to cease exercising power to secure accommodation under section 194

5. For the purposes of section 194(6) of the Act (notice of ceasing to exercise power to secure accommodation under section 194), the prescribed period is 28 days.

Period prescribed for the purpose of conditions for referral of an application

6. For the purposes of section 198(4)(b) of the Act (referral of case to another local housing authority), the prescribed period is the aggregate of -

(i)five years; and

(ii)the period between the date of the previous application and the date on which the applicant was first placed in pursuance of that application in accommodation in the district of the authority to whom the application is now made.

Signed by authority of the Secretary of State

David Curry

Minister of State,

Department of the Environment

29th October 1996

Signed by authority of the Secretary of State for Wales

Jonathan Evans

Parliamentary Under-Secretary of State,

Welsh Office

30th October 1996

Explanatory Note

(This note is not part of the Regulations)

A person who is subject to immigration control within the meaning of the Asylum and Immigration Act 1996 is not eligible for housing assistance under Part VII of the Housing Act 1996 (homelessness) unless he is of a class prescribed by the Secretary of State (section 185(2)). The Secretary of State may make provision as to other descriptions of persons who are to be treated as persons from abroad who are ineligible for housing assistance (section 185(3)). These Regulations prescribe classes of persons for the purpose of section 185(2) (regulation 3) and make provision as to other descriptions of persons of the purpose of section 185(3) (regulation 4).

These Regulations, in regulation 5, also prescribe the minimum period of notice which a local housing authority must give of their ceasing to exercise the power to secure accommodation under section 194 of the Housing Act 1996.

Under section 198 of the Housing Act 1996 one of the conditions for referral of a homelessness case to another authority is that the applicant was placed in accommodation in the district of the authority to whom his application is now made pursuant to a previous application made within a prescribed period to that other authority. Regulation 6 of these Regulations prescribes that period.

(1)

1996 c. 52; see section 215 for the definition of prescribed .

(3)

Cmd 9171.

(4)

Cmd 3906.

(5)

S.I. 1987/1971; relevant amending instruments are S.I. 1994/470 and S.I. 1994/1807.

(6)

OJ No. L 254 18.10.68, p. 2, Special Edition 1968 (II) p. 475.

(7)

OJ No. L 142 1.7.70, p. 24, Special Edition 1970 (II) p. 402.

(8)

OJ No. L 257 18.10.68, p. 13, Special Edition 1968 (II) p. 485.

(9)

OJ No. L 172 28.6.73, p. 14.


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