Can anyone help with my enquiry, it is housing related!


I have a customer, Swedish national who came to this country in Novemebr 2002. She has been in receipt of IS, CHB, HB & CTB continuously since that time. She is in rent arrears due to shortfall in HB. She is also on the Houisng Register. HRT has been subjected to the HRT and failed for assistance in housing.

Can the HRT be applied in this case?


Any pointer to legislation will be greatly appreciated.

Jas

I do not think it is the HRT that she has failed but rather the right to reside element in the eligibility criteria for homelessness assistance.

She continues to get the benefits subject to a right to reside requirement because of transitional protection - continuous entitlement pre 1 May 2004. Presumably she is on the housing register because she applied before the changes in the housing eligibility regs in 2006. The eligibility regs are SI 2006 No 1294 and the relevant reg is 6. If she has no enforceable european right to remain / reside in the UK she is a person subject to immigration control (Ismail v Barnet). This would exclude her from eligibility and you would have to look at Reg 5. If you can find her a basis for having a right to reside she is then within Reg 6 and the question of HRT then arises.

She may need to wait until Nov 2007... the 5 year rule .... S.I. 1294 6(e).... S.I. 1003 / 2006 immigration... section 15 .... derived from EU directive 38 (2004) Article 16 (1)...legaly resident for more than 5 yrs ... are not subject to restrictions....

sorry... may not be much help

Hi,

Doesn't the transitional protection apply accross the board, i.e, because she is in receipt of means tested benefits.


Any help appreciated.

Afraid not. As a consequence of Ismail v Barnet it was held that an EU person without a right to reside was a person subject to immigration control (PSIC). As a PSIC in receipt of IS or ibJSA was eligible for homelessness assistance, EU nationals were able to qualify if in that situation. The Govt acted to close the loophole in SI 2006 No 1093. There was transitional protection in Reg 2(3) which protected those in certain circumstances who made an application for homelessness before 20 April 2006. Those regs were in turn revoked by SI 2006 No 1294 and transitional protection was given to those who made an application before 1 June 2006.

Transitional protection for homelessness eligibility is therefore dependent on the date of the application for homelessness.

If your client is not transitionally protected you need to find a right to reside from somewhere else.

Thanks for your help resolving this issue.