Assessing Eligibility in Homeless Applications & Writing S184 'Not Eligible' Decisions
Time & Location
About the Event
On 31 January 2020, the UK formally left the European Union (EU). The UK left the EU through the Withdrawal Agreement, which provides for an orderly exit and transition to the future relationship with the EU.
The Withdrawal Agreement sets out the terms of the UK's exit from the European Union in relation to:
- Citizens’ rights
- The financial settlement
- Protocols on Ireland/Northern Ireland, Gibraltar and Cyprus
- Other separation issues.
The Withdrawal Agreement also set out a transition period which ended at 11pm on 31 December 2020. During this transition period most EU laws continue to be in force, including the free movement of people. This meant that EEA citizens can continue to live, work and access benefits and services in the UK as they did before exit day (31 January 2020). This includes maintaining their eligibility to access social housing and homelessness assistance, on broadly the same basis as they currently do.
The Immigration and Social Security Coordination (EU Withdrawal) Act 2020 received Royal Assent on 11 November 2020 and came into force on the 31 December 2020. The Act:
- Repeals the retained EU law relating to freedom movement in the UK
- Protects the rights of Irish citizens to enter and remain in the UK without requiring leave
- Introduces the new global points-based immigration system from 1 January 2021
To assist the Government with bringing in its legislative changes four new statutory instruments came into force on the 31 December 2020:
- The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020;
- The Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020;
- The Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020 and
- The Immigration (Citizen’s Rights etc) (EU Exit) Regulations 2020
Highlights of New Legislation
- The Government has legislated to enable EEA citizens, and their family members, living in the UK by 31 December 2020 to continue to live, work, study, and access benefits and services in the UK on the same basis as they do now, after the end of the transition period and for the duration of the grace period (1 January to 30 June 2021).
- EEA citizens will have to apply to the EU Settlement Scheme (to obtain settled or pre-settled status) before the deadline of 30 June 2021 to remain lawfully in the UK.
- Makes provision for Frontier Workers (an EU, EEA or Swiss citizen who is employed or self-employed in the UK but live elsewhere and return home at least once a week before the 1 January 2021) to be able to continue entering the UK as a Frontier Worker using just a valid passport or national identity card until 30 June 2021.
- Newly arriving EEA citizens, moving to the UK from 1 January 2021, will no longer be able to rely on rights to reside under EU law, or have any rights under the Withdrawal Agreements (unless they are protected in another capacity, for example, where they are a family member joining an EEA citizen who was residing in the UK before the end of the transition period on 31 December 2020).
The effect of these regulations will be that on the 1 January 2021 significant changes will be made to the eligibility criteria. This up to date course will provide all the information on the eligibility changes brought in following Brexit.
This course aims to assist caseworkers involved in assessing whether applicants are eligible in relation to applications made under Housing Act 1996 by providing them with a practical guide in investigating homeless applications taking into account case law and associated legislation.
Delegates will learn that up until 30 June 2021 there are 3 groups of persons applying for housing and each of their eligibility criteria will be detailed. This includes:
- Persons Subject to Immigration Control
- EEA Nationals and their families
- British Citizens
Delegates will also be able to go through real life eligibility exercises. The course will also provide practical advice on writing ‘Not Eligible’ S184 decision letters and all delegates will receive 17 decision letter templates, including all decisions where a duty can be ended upon a person ceasing to be eligible.
Who Should Attend
This course is suitable for those assessing eligibility in accordance with the Housing Act 1996.
Minos Perdios, Director & Reviews Manager at Housing Reviews Ltd
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