People ineligible for an allocation of accommodation by the local authority

Some people are ineligible for an allocation of social housing based on their immigration or residence status.

The categories of ineligible persons are:[1]

• people subject to immigration control (with limited exceptions)

• people classed as ineligible people from abroad

The restrictions apply to the applicant, or to a joint application where one of the applicants is an ineligible person.

A person subject to immigration control is not eligible unless they fall within one of the classes of person as prescribed by regulations made by the Secretary of State.[2]

A person is subject to immigration control if they require leave to enter or remain in the UK.[3]

The categories of persons subject to immigration control who are eligible for an allocation of social housing are the same as those are eligible for homelessness assistance.

They include someone with:

• refugee status

• humanitarian protection

• indefinite leave to remain

• EU settled status

• leave to remain after fleeing conflict in Ukraine, or Afghanistan, Sudan, Israel and Gaza

• limited leave as a victim of human trafficking or modern slavery

Some people must also be habitually resident in the Common Travel Area, for example people with indefinite leave to remain. This means the UK, Ireland, Isle of Man, and the Channel Islands.

British citizens

The Secretary of State can prescribe other classes of person from abroad as ineligible for an allocation.[4] This includes British nationals who are not habitually resident in the Common Travel area.

EU nationals

People with settled status under the EU settlement scheme are eligible for an allocation of social housing if they are habitually resident in the Common Travel Area.

People with pre-settled status are eligible if they are exercising a right to reside that would make them eligible under the EU rules. The qualifying rights to reside include a right to reside as a worker or self-employed person.

Someone who has applied to the scheme but has not yet had a decision might be eligible for an allocation if they have temporary protection.

EEA nationals who do not have status under the scheme are subject to immigration control. This includes most people who arrived in the UK after 1 January 2021. They are only eligible for an allocation of social housing if they come under one of the other categories of people subject to immigration control who are eligible.

An ineligible member of an eligible applicant's household, such as a dependent child subject to immigration control, should be taken into account in deciding the size of property to be offered.[5]

It could be lawful for a local authority to disregard an applicant's non-dependant adult children who were subject to immigration control, as being part of the household.[6]

A local authority must notify the applicant of the decision in writing if it decides that an applicant is ineligible or is not a qualifying person.

The decision letter must state the grounds on which the decision has been made.[7]

If the applicant has no fixed address, a decision is treated as having been received if it is made available for collection at the local authority's office.[8]

An applicant has the right to request a review of a decision that they are ineligible or not a qualifying person. The applicant must be informed of the review decision and the grounds for it.[9] If a local authority decided that an applicant was not a qualifying person, that person can make a fresh application if they consider they would now qualify.[10] For example, where rent arrears have been cleared.