Reg 4 - Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006

Question 1

Reg 4 sets out…

Answer 1

“Other persons from abroad who are ineligible for an allocation of housing accommodation”

A person who is not subject to immigration control is to be treated as a person from abroad who is ineligible for an allocation of housing accommodation under Part 6 of the 1996 Act if—

Question 2

(1) A person who is not subject to immigration control is to be treated as a person from abroad who is ineligible for an allocation of housing accommodation under Part 6 of the 1996 Act if—

Answer 2

(a) subject to paragraph (2), he is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man, or the Republic of Ireland;
(b) his only right to reside in the United Kingdom—
(i) is derived from his status as a jobseeker or the family member of a jobseeker; or
(ii) is an initial right to reside for a period not exceeding three months under regulation 13 of the EEA Regulations; or

[(iii) is a derivative right to reside to which he is entitled under [regulation 16(1)] of the EEA Regulations, but only in a case where the right exists under that regulation because the applicant satisfies the criteria in [regulation 16(5)] of those Regulations [zambrano carer]; or

(iv) . . .]

[(c) his only right to reside in the Channel Islands, the Isle of Man or the Republic of Ireland is a right equivalent to one of those mentioned in sub-paragraph (b)(i), (ii) or (iii)].

Question 3

Reg4(1A)

Answer 3

For the purposes of determining whether the only right to reside that a person has is of the kind mentioned in paragraph (1)(b) or (c), a right to reside by virtue of having been granted[—

(a) limited leave to enter or remain in the United Kingdom under the Immigration Act 1971 by virtue of Appendix EU to the immigration rules made under section 3(2) of that Act; or
(b) leave to enter the United Kingdom by virtue of an entry clearance that was granted under Appendix EU (Family Permit) to the immigration rules made under section 3(2) of that Act

is to be disregarded].]

Question 4

Reg 4(2) sets out

Answer 4

(2) The following are not to be treated as persons from abroad who are ineligible for an allocation of housing accommodation pursuant to paragraph (1)(a)—

Question 5

Reg 4(2)(a) 
The following are not to be treated as persons from abroad who are ineligible for an allocation of housing accommodation pursuant to paragraph (1)(a)—

Answer 5

a worker

Question 6

Reg 4(2)(b) 
The following are not to be treated as persons from abroad who are ineligible for an allocation of housing accommodation pursuant to paragraph (1)(a)—

Answer 6

a self-employed person

Question 7

Reg 4(2)(c) 
The following are not to be treated as persons from abroad who are ineligible for an allocation of housing accommodation pursuant to paragraph (1)(a)—

Answer 7

a person who is treated as a worker for the purpose of the definition of “qualified person” in regulation 6(1) of the EEA Regulations pursuant to . . .—

(i) . . .
(ii) regulation 5 of the Accession Regulations 2013 (right of residence of an accession State national subject to worker authorisation);]

Question 8

Reg 4(2)(d) 
The following are not to be treated as persons from abroad who are ineligible for an allocation of housing accommodation pursuant to paragraph (1)(a)—

Answer 8

(d) a person who is the family member of a person specified in sub-paragraphs (a)–(c);

Question 9

Reg 4(2)(e) 
The following are not to be treated as persons from abroad who are ineligible for an allocation of housing accommodation pursuant to paragraph (1)(a)—

Answer 9

(e) a person with a right to reside permanently in the United Kingdom by virtue of regulation [15(1)(c)], (d) or (e) of the EEA Regulations; [and]

Question 10

Reg 4(2)(g) 
The following are not to be treated as persons from abroad who are ineligible for an allocation of housing accommodation pursuant to paragraph (1)(a)—

Answer 10

a person who is in the United Kingdom as a result of his deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom[; . . .]

Question 11

Reg 4(2)(j) 
The following are not to be treated as persons from abroad who are ineligible for an allocation of housing accommodation pursuant to paragraph (1)(a)—

Answer 11

a frontier worker

Question 12

Reg 4(2)(k) 
The following are not to be treated as persons from abroad who are ineligible for an allocation of housing accommodation pursuant to paragraph (1)(a)—

Answer 12

(k) a person who—
(i) is a family member of a person specified in sub-paragraph (j); and
(ii) has a right to reside by virtue of having been granted limited leave to enter or remain in the United Kingdom under the Immigration Act 1971 by virtue of Appendix EU to the immigration rules made under section 3 of that Act]