Changes to Eligibility Criteria

Updated: Jul 20

On the 24 August 2020 the Allocation of Housing and Homelessness (Eligibility)(England)(Amendment) Regulations 2020 will come into force. The regulations will amend the the Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006 which govern the way we assess the eligibility of persons from abroad in terms of allocations and homelessness.


The 2020 regulations will amend Regulation 3 which relates to allocations. it will amend Class F and also introduce two more classes (I and J).


The regulations will do exactly the same for Regulation 5 which relates to homelessness. It will amend Class G and also introduce two more classes ( J and K).


Class F (allocations) / G (homelessness) amended to –

(i) A person who has limited leave to enter or remain in the United Kingdom on family or private life grounds under Article 8 of the Human Rights Convention that is granted under paragraph 276BE(1), paragraph 276DG or Appendix FM of the Immigration Rules; and

(ii) who is not subject to a condition requiring the person to maintain and accommodate himself, and any person dependent upon him, without recourse to public funds;


New Classes

Class I (allocations) / J (homelessness) A person (P) who has limited leave to enter or remain in the United Kingdom by virtue of Appendix EU of the Immigration Rules in circumstances where—

(i) P is a family member of a relevant person of Northern Ireland (RP) in accordance with those rules; and

(ii) P would have been considered eligible under regulation 6(2)(d) if RP were a person specified in regulation 6(2)(a) to (c); and

Class J (allocations) / K (homelessness) – A person who is habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland and who has limited leave to remain in the United Kingdom as a stateless person under paragraph 405 of the Immigration Rules.


For those local authorities who have taken out our template subscription, you will be receiving our updated eligibility letters for persons subject to immigration control on the 21 August 2020.


https://www.gov.uk/government/publications/allocation-of-housing-and-homelessness-eligibility-england-amendment-regulations-2020-letter-to-local-authorities

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