Post
by try-one » Tue Nov 16, 2004 8:59 am
2.6. Housing and Homelessness assistance
Under provisions in Part 6 and 7 of the Housing Act 1996 and section 118 of the Immigration and Asylum Act 1999, persons subject to immigration control are not eligible for an allocation of housing or grant of a licence or tenancy by a local housing authority, or for housing assistance under the homelessness legislation, unless they fall within a class of persons prescribed (or specified) by the Secretary of State. Broadly speaking, regulations made under Part 6 and 7 of the 1996 Act prescribe that the following classes of persons are eligible for an allocation of housing by a local authority and for homelessness assistance:
people with indefinite leave to remain who are habitually resident in the Common Travel Area;
recognised refugees;
people with exceptional leave to enter or remain, who are habitually resident in the Common Travel Area and whose leave is not subject to any limitation or condition prohibiting recourse to public funds;
people who left Montserrat after 1 November 1995 because of the volcanic activity there;
people who are nationals of a state which has ratified either the European Social Charter or the European Convention on Social and Medical Assistance and are lawfully present in the UK.
Certain asylum seekers who claimed asylum prior to 3 April 2000 (and whose claim has not been determined) are eligible for housing assistance under the homelessness legislation (but not an allocation of housing).
The Persons Subject to Immigration Control (Housing Authority Accommodation and Homelessness) Order 2000 specifies that the following classes of person may be granted a non-secure tenancy or licence of housing accommodation by a local housing authority:
all the categories referred to above;
people attending a full time course at a specified education institution (where the accommodation is let to the institution for that purpose - and would otherwise be hard to let);
people attending a designated full time course at an educational establishment (where the accommodation is not let as a secure tenancy);
people owed a homelessness duty;
people owed a duty under the National Assistance Act 1948;
a child in need (or his or her parent);
asylum seekers owed a duty under the asylum support interim provisions;
people who are already a secure tenant of the housing authority.
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Life is a journey, not a destination (S. Tyler)
