Statutory Rules of Northern Ireland

2021 No. 254

Housing, Northern Ireland

The Allocation of Housing and Homelessness (Eligibility) (Amendment) Regulations (Northern Ireland) 2021

Made

15th September 2021

Laid before Parliament

16th September 2021

Coming into operation-

17th September 2021

The Secretary of State makes the following Regulations in exercise of the powers conferred by Article 22A(3) of the Housing (Northern Ireland) Order 1981( 1) and Article 7A(2) of the Housing (Northern Ireland) Order 1988( 2).

Citation and commencement

1. These Regulations may be cited as the Allocation of Housing and Homelessness (Eligibility) (Amendment) Regulations (Northern Ireland) 2021 and come into operation on 17th September 2021.

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

2.—(1) The Allocation of Housing and Homelessness (Eligibility) Regulations 2006 (Northern Ireland)( 3) are amended as follows.

(2) In regulation 3(2) (persons from abroad who are ineligible for an allocation of housing accommodation)—

(a) at the end of sub-paragraph (i), omit “and”;

(b) after sub-paragraph (j) insert—

“(k) a person who left Afghanistan in connection with the collapse of the Afghan government that took place on 15th August 2021. ”.

(3) In regulation 4(2) (persons from abroad who are ineligible for housing assistance)—

(a) at the end of sub-paragraph (i), omit “and”;

(b) after sub-paragraph (j) insert—

“(k) a person who left Afghanistan in connection with the collapse of the Afghan government that took place on 15th August 2021. ”.

Signed by authority of the Secretary of State for Housing, Communities and Local Government

Eddie Hughes

Minister of State

Ministry of Housing, Communities and Local Government

15th September 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

Regulation 2 of these Regulations amends the Allocation of Housing and Homelessness (Eligibility) Regulations (Northern Ireland) 2006 ( S.R. 2006/397). This is to ensure that persons not subject to immigration control who left Afghanistan in connection with the collapse of the Afghan government that took place on 15th August 2021, are exempt from the habitual residence test otherwise applicable in relation to eligibility for an allocation of housing accommodation and for housing assistance.

A full Regulatory Impact Assessment has not been prepared for this instrument because the impact on business is not likely to be significant.

( 1)

S.I. 1981/156 (N.I. 3). Article 22A was inserted by Article 124 of S.I. 2003/412 (N.I. 2).

( 2)

S.I. 1988/1990 (N.I. 23). Article 7A was inserted by Article 137 of S.I. 2003/412 (N.I. 2).

( 3)

S.R. 2006/397. Relevant amending instrument is S.I. 2020/1309.