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The Allocation of Housing and Homelessness (Eligibility) Regulations (Northern Ireland) 2006

Type Ni-Statutory-Rule
Publication 2006-09-28
State In force
Jurisdiction Northern Ireland
Department Government Printer for Northern Ireland
Source legislation.gov.uk
articles 1
Reform history JSON API PDF

Made: 28th September 2006

To be laid before Parliament

Coming into operation: 1st November 2006

The Secretary of State makes the following regulations in exercise of the powers conferred on him by Article 22A(3) of the Housing (Northern Ireland) Order 1981[^f00001] and Article 7A(2) of the Housing (Northern Ireland) Order 1988[^f00002]:

Citation and commencement

1

These Regulations may be cited as the Allocation of Housing and Homelessness (Eligibility) Regulations (Northern Ireland) 2006 and shall come into operation on 1st November 2006.

Interpretation

2

Persons from abroad who are ineligible for an allocation of housing accommodation

3

would otherwise be deprived of the genuine enjoyment of the substance of their rights as a European Union citizen.

is to be disregarded.

Persons from abroad who are ineligible for housing assistance

4

would otherwise be deprived of the genuine enjoyment of the substance of their rights as a European Union citizen.

is to be disregarded.

Revocation

5

Subject to regulation 6, the Regulations specified in column (1) of the Schedule are revoked.

Transitional provisions

6

The revocations made by these Regulations shall not have effect in relation to an applicant whose application for—

was made before 1st November 2006.

SCHEDULE

(1) Regulations Revoked (2) References
The Allocation of Housing Regulations (Northern Ireland) 2004 S.R. 2004 No. 198
The Homelessness Regulations (Northern Ireland) 2004 S.R. 2004 No. 199

Signed

Peter Hain — One of Her Majesty’s Principal Secretaries of State — Northern Ireland Office — 28th September 2006

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations make provision for persons, not subject to immigration control, to be treated as persons from abroad and ineligible for an allocation of housing accommodation under the Housing (Northern Ireland) Order 1981 (“the 1981 Order”) and for housing assistance under Part II of the Housing (Northern Ireland) Order 1988 (“the 1988 Order”).

Article 22 of the 1981 Order provides that the Northern Ireland Housing Executive (“the Executive”) shall comply with a scheme, approved by the Department for Social Development, for the allocation of housing accommodation. Article 22A of the 1981 Order provides that the Executive shall not allocate housing accommodation to a person from abroad who is ineligible for such an allocation (paragraph (1), sub–paragraph (b)) and that the Secretary of State has power to specify, by regulations, classes of persons who are ineligible (paragraph (3)).

Part II of the 1988 Order imposes on the Executive duties in relation to persons who are found to be homeless or threatened with homelessness. Article 7A of the 1988 Order provides that a person is not eligible for assistance under Part II if he is a person from abroad who is ineligible for that assistance (paragraph (1)) and that the Secretary of State has power to make provision, by regulations, as to other descriptions of persons who are to be treated as persons from abroad who are ineligible for that assistance (paragraph (2)).

These Regulations, which come into operation on, contain provisions similar to those of the Allocation of Housing Regulations (Northern Ireland) 2004 and the Homelessness Regulations (Northern Ireland) 2004 which are revoked by these Regulations. The main changes take account of the implementation of Directive 2004/38/EC of the European Parliament and Council of 29th April 2004 by the Immigration (European Economic Area) Regulations 2006. Directive 2004/38 makes some changes to the rights of free movement of citizens of the European Union (EU) and their family members, in particular by:

Regulations 3 and 4 of these Regulations prescribe those classes of persons who are not subject to immigration control but are to be treated as persons from abroad who are ineligible for an allocation of housing accommodation and for housing assistance respectively. These classes relate principally to British nationals and to those EU citizens and nationals of Norway, Iceland, Liechtenstein and Switzerland who are not subject to immigration control. Under regulations 3(1) and 4(1), such persons will be ineligible for an allocation of social housing or for homelessness assistance if:

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