I'm thinking alound here...

the CPAG r2r training stated that London Borough of Barnet vs Ismael, <2006> EWCA Civ 383 effectively meant that EEA nationals without an r2r were not lawfully present, linking in S12(2) immigration and asylum 1986.

It seems that someone who is a PSIC can't get housing... the EEA non-worker app's required leave to remain in the UK which they didn't have so weren't lawfully present and QED were PSIC.

I'm wondering whether, where the IS regs have moved to look at a Person from Abroad, and defines that at reg 21(AA)as a person who's not Hab Res the PSIC test applied in Ismael might still apply.


This is a reg 15(1) apeal where app's were economically inactive.

Hi Dan

"is there an HRT in Housing Law". The provisions concerning HRT are contained in class F and class G of reg 3 of the Homelessness Regs 1996 (SI 1996/2754). I don't know if there have been any amending regs since. My housing law book is from 2000 and does not mention any up to that point.

Regulations concerning persons from abroad are contained in sections 185-187 of the Housing Act 1996 and the Housing Accommodation and Homelessness Persons Subject to Immigration Control) Order 1996 (SI 1996/1982 as amended by SI 1997/628).

Regards
Paul

I haven't got your Housing law Book but the ref's are appreciated...

Cheers

There is an HRT in housing, see Reg 4 of Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006 SI 2006/1294. I'm pretty sure there has been a housing HRT since at least 1/5/04.

Also the definition of PSIC for housing purposes is contained in S160A of the Housing Act 1996, which refers to S13 of the Asylum and Immigration Act 1996. The definition of PSIC there is different to the one for benefit purposes in S115 of the Immigration and Asylum Act 1999. Some people who are PSICs for one definition are not PSICs for the other definition, notably EEA nationals can never be PSIC for benefit purposes but can be for housing purposes, which was the point in Ismael v Barnet.

That's basically what I'm going to say if anyone raises Ismael vBarnet, two different tests for two different areas of law, seems to work on paper but i'm leaving it on teh back burner for now, we''ll see whether the bad guys raise it!

keep well

D

And The Homelessness Regs 1996 (SI 1996/2754) have been replaced with The Homelessness Regs 2000. Time to buy a more up to date Housing Law book.