Section 166A(1) of the Housing Act 1996 (as amended) (‘the Housing Act 1996’) requires every local housing authority to have a scheme for determining priorities and the procedure to be followed in allocating housing accommodation.

Section 166A(14) of the Housing Act 1996 requires that a local housing authority shall not allocate housing accommodation except in accordance with its allocation scheme. Section 166A(12) of the Housing Act 1996 also provides that Local Housing Authorities must,  in preparing or modifying their allocations scheme, have regard to:

1. their current homelessness strategy under section 1 of the Homelessness Act 2002 and
2. their current tenancy strategy under section 150 of the Localism Act 2011.

Relevant documents for the purposes of Section 166A(12) of the Housing Act 1996 are

Horsham District Council’s Tenancy Strategy, Housing Strategy and Homelessness Prevention Action Plan and regard has been given to them in the preparation of the Housing Register and this Nominations Policy, referred to as ‘the HDC Nominations Policy’.

The Government is of the view that the changes to Sections 145 to 147 of the Localism Act 2011 which came into effect on 18 June 2012 will enable local authorities to manage their waiting lists more effectively and to tailor their allocation schemes to reflect local needs and priorities.

In devising the HDC Nominations Policy, Horsham District Council (‘the Council’) has had regard to Allocation of Accommodation: Guidance for Local Housing Authorities in England (June 2012).

The Council is a stock transfer authority – therefore any properties (‘Void Properties’) it is able to allocate to applicants on the Housing Register will be made available through its affordable housing provider partners (‘Housing Associations’).

The HDC Nominations Policy sets out how the Council intends to make the best use of Void Properties to create mixed and balanced, communities while maintaining a commitment to supporting vulnerable people and working households on a low income in housing need.

A joint tenancy cannot be granted if one of the tenants is ineligible, however, a tenancy may be granted to the eligible person and their ineligible family members can be taken into account in determining the size of accommodation which is to be allocated.

Eligibility provisions do not apply to applicants who are already secure or introductory tenants or assured tenants of a Private Registered Provider. All PRP tenants who are considered to have reasonable preference for an allocation are specifically exempted from the eligibility provisions by virtue of section 160ZA(5) of the Housing Act 1996.

In order to qualify as an applicant or co-applicant, a person must be a non-dependent and have the capacity to understand the purpose of joining the HDC Housing Register and the responsibility and legal liabilities involved in being a tenant. Applicants over the age of 55 will normally be considered for retirement housing unless there are exceptional circumstances which would render this type of accommodation unsuitable for their needs.

Includes all homeless people as defined in Part VII of the Housing Act 1996 namely:

• priority;
• non priority;
• intentionally homeless applicants and people who have been served a valid notice to quit, notice seeking possession, bailiff’s warrant or valid notice to end a licence to occupy.

Reduced preference will be accorded to homeless applicants without a two-year local connection through residence to the Horsham District with the exception of Armed Services personnel with reasonable preference who have not been dishonourably discharged or households that have fled domestic abuse and who only have a connection to one area and cannot return there.

Overcrowding will be assessed against the bedroom standard as set out in the Housing (Overcrowding) Bill. A household is considered to be overcrowded if one bedroom is lacking when a separate bedroom is allocated to the following persons:

a. A person living together with another as husband and wife (whether that other person is of the same sex or the opposite sex)

b. A person aged 16 years or over

c. Two persons of the same sex aged 10 years to 16 years

d. Two persons (whether of the same sex or not) aged less than 10 years

e. Two persons of the same sex where one person is aged between 10 years and 16 years and the other is aged under 10 years of age

f. Any person aged under 16 years in any case where he or she cannot be paired with another occupier of the dwelling so as to fall within (c), (d) or (e) above due to high medical need for a separate bedroom.

When an applicant says that their children are unable to share a bedroom, it will be for the Housing Officer, Allocations and Online Services to satisfy themselves that this is the case – for example – a claim is likely to be supported by specialist medical evidence and how many children are likely to be in receipt additional benefits in relation to their medical condition. In addition, housing officers will consider not only the nature and severity of the disability, but also the nature and frequency of care required during the night, and the extent and regularity of the disturbance to the sleep of the child who would normally be required to share the bedroom. In all cases this will come down to a matter of judgement on facts of each individual case.

In addition:

g.  A household with a confirmed pregnancy or dependent children sharing kitchen, bathroom, toilet and living room facilities with others not included in the application for housing.

The Council’s Environmental Health Department will notify Housing Services when they are aware of applicants without any access at all to any one of the following facilities:

• bathroom
• kitchen
• inside WC
• hot or cold water supplies
• electricity
• adequate heating

The Environmental Health Department will also notify Housing Services of applicants living in the following conditions:

• A Prohibition Order or a Demolition Order in relation to the whole property that an applicant is occupying is has been served as the conditions present a serious threat to health or safety but where remedial action is considered unreasonable or impractical.
• An applicant occupying a private property where a Prohibition Order on the whole of the house or a Demolition Order has been issued as conditions present a serious threat to health or safety but where remedial action is considered unreasonable or impractical.
• Applicants of private sector properties and residents of dwellings that the Environmental Health Department has determined poses a Category 1 hazard under the Housing Health & Safety Rating System and the Council is satisfied that the problem cannot be resolved by the landlord within six months and, as a result, occupation of the accommodation will pose a considerable risk to the health or safety of the applicant, or a member of their household.
• Living conditions which constitute a statutory nuisance and there is no prospect of the problems being remedied within a six-month time period.

The criteria to be considered on medical grounds relates to the extent that the health of an applicant or a member of the applicant’s household will significantly improve by a move to alternative accommodation. The assessment is not based on the seriousness of an applicant or a member of their household’s condition but is solely based on the impact of their current housing on that condition and whether this would improve significantly through a move to alternative housing (See below for Classes 1 and 2 Medical).

This category applies applicants to those who need to move to a particular area within the Horsham District where a failure to meet that need would cause difficulty with daily living or hardship to themselves or others. This applies to applicants needing support from relatives or friends in the case of severe mental health, medical or welfare issues relating to this applicant or a member of this applicant’s household and exceptional reasons why this support cannot be made available through a reliance on public transport or the applicant’s own transport.

Support or employment

Applicants who need to move to give or receive care that is substantial and ongoing include:

• foster carers;
• those approved to adopt or those being assessed for approval to foster or adopt who need to move to a larger home in order to accommodate a looked after child or a child who was previously looked after by a local authority.
• special guardians;
• holders of a residence order and family and friend carers who are not foster carers but who have taken on the care of a child because the parents are unable to provide care.
•  

● Applicants who need to access social services facilities and are unable to travel.

● Applicants who wish to take up (or continue) employment, education or a training opportunity that is not available elsewhere and who does not live within reasonable commuting distance (1 hour journey on public transport or equivalent).

Infirmity due to old age

An assessment of an applicant’s need to move due to infirmity caused by old age will be made by the Council taking into account information provided by one or more of the following:

• Applicant’s GP or consultant
• Social Services
• Occupational Therapist
• Age UK or any other voluntary sector organisation representing the applicant

Ability to fend for self restricted by

• Mental illness or disorder
• Physical or learning disability
• Behavioural difficulties
• Young people at risk

Need for

• Opportunity to recover from the effects of violence (including racial attacks), threats of violence, physical, emotional or sexual abuse
• Adapted housing and/or extra facilities, bedroom or bathroom
• Improved heating (on medical grounds)
• Sheltered housing (on medical grounds)
• Ground floor accommodation (on medical grounds)
• Move from hospitalisation or long-term care

Applicant(s) must occupy a social or affordable rented property with two or more bedrooms and be assessed as needing a smaller property

Applicants in Bands A, B or C of the HDC Housing Register on 31 March 2013.

Young people engaged with and supported by the House Project and are identified for move on by West Sussex County Council.

Young person under the Care Leaver Protocol and are identified as tenancy ready.

A working household is where either the applicant or co-applicant is in employment for a minimum of 16 hours per week. For the purposes of the HDC Housing Register and HDC Nominations Policy, employment is defined as the applicant or co-applicant as having the requisite minimum of 16 hours per week as a permanent or temporary contract, or being self employed.

Verification will be sought at point of offer of accommodation. In order to qualify, applicants must provide payslips, P60, verifying letter on headed paper or tax return.

Households will be classed as unable to work where either the applicant or co-applicant is in receipt of:

• Disability Living Allowance (high-rate care or high-rate mobility).
• Personal Independence Payment (enhanced rate daily living component or enhanced rate mobility component).
• Attendance Allowance.
• Employment and Support Allowance.
• Statutory Sick Pay.
• Industrial Injuries Disablement Benefit or War Disablement Pension,
• Carers Allowance.
• Any other State benefit which indicates that the applicant is not able to work.

Any household in receipt of Universal Credit with the following element.

• Income related Employment and Support Allowance.

Applicants who secure employment for at least 16 hours per week having previously been unable to work due to ill health or disability will retain their Band A allocation. After nine months of employment, they will have Band A allocation as a working household. If the employment is not retained for a period of nine months, then the band allocation will be further assessed in light of benefits received.

This applies to households where either the applicant or co-applicant is in receipt of Income Support because they have a long-term learning or other disability which prevents them from working.

Applicants that secure employment for at least 16 hours per week having previously been unable to work due to learning or other disability will retain their Band A allocation. After nine months of employment, they will have Band A allocation as a working household. If employment is not retained for a period of nine months, then band allocation will be further assessed in light of benefits received.

Households where either the applicant or co-applicant is unable to work due to their duties as a foster carer for West Sussex County Council.

• The applicant’s accommodation is directly contributing to the deterioration of the applicant’s health such as severe chest condition requiring intermittent hospitalisation as a result of chronic dampness in the accommodation.
• The applicant with a dependent(s) within their household with severe conditions such as autism, or cerebral palsy, where their long term needs cannot be met without settled accommodation.
• A member of the applicant’s household seeking accommodation is disabled and rehousing will enable that person to overcome physical barriers created by current accommodation e.g. steps and stairs.
• A member of the applicant’s household severe disability requiring substantial adaptations to a property which is not provided for in their current accommodation.
• A member of the applicant’s household terminal illness or long-term debilitating condition whose current accommodation is not having a significant impact on their condition but where their quality of life would be significantly improved by moving to alternative settled accommodation which may or may not be closer to support.
• A member of the applicant’s household suffering with mental illness or disorder where the medical condition would be significantly improved by a move to alternative accommodation.

GP’s are unlikely to provide a letter of support unless there is a factual reason for doing so. Applicants can therefore supply additional information from a medical specialist confirming their diagnosis and the reasons why their current accommodation is unsuitable, and that a move would significantly improve their condition. If the health professional charges a fee to provide this information, it is the responsibility of the applicant to pay the fee to obtain the supporting information.

Tenants of social or affordable rented properties with two or more bedrooms and assessed as needing a smaller property.

Applicants who have received written confirmation that they are in Bands A, B or C of the HDC Housing Register on or before 31 March 2013 will be accorded reasonable preference under this scheme.

Homeless applicants without a local connection or who are owed the full housing duty by the Council but with accorded reduced preference in accordance with disqualification criteria will be placed in band C of the HDC Housing Register until the reason for their disqualification has been resolved or has expired.

Applicants who meet the qualification criteria but have a conviction for a criminal offence will be placed in band C of the HDC Housing Register. The onus is on the applicant to advise the Council of the outcome of the charge or prosecution against them so that a Housing Officer can assess whether they should be disqualified from or admitted into band A or B of the HDC Housing Register.

The Council is committed to sustaining rural communities and assisting people who live or have lived and work in them.

Band C of the HDC Housing Register is for applicants with a local connection to towns and villages in the rural locations who do not have reasonable preference or need for housing but are living with family as a concealed household or who are living outside of the district but would like to move to a rural town or village where they have a family connection.

In order to qualify for Band C of the HDC Housing Register under local connection, the applicant must have a two-year local connection with their area of choice in accordance with the criteria set out below and their area of choice will be restricted to the settlement to which the applicant has a local connection:

• Immediately before taking up occupation of an affordable housing unit had their only principal home in the local connection parish for a continuous period of not less than two years; or
• Either themselves or a member of their household has a parent, adult child, brother or sister whose only principal home is and has been for a continuous period of not less than two years in the local connection parish and their wishes to be near that relative; or
• Is and has been permanently employed in the local connection parish for a continuous period of not less than two years for a minimum of 16 hours per week. The date applicants can apply to be added to the HDC Housing Register for a local connection scheme will be listed on the Council’s website.

The date will be approximately eight weeks prior to the proposed completion date of the scheme. This information will also be available by contacting the Housing Department. Applicants will be removed from the HDC Housing Register once local connection scheme properties have been allocated.

Accommodation schemes within both the South Downs National Park and Horsham District will be allocated to households on the HDC Housing Register that meet the specific criteria of the housing scheme. If the Council cannot nominate an applicant to the property from the HDC Housing Register it will consider nominations from other local authorities who have households on their registers with a local connection to neighbouring parishes within the South Downs National Park area.

For the purposes of Part VI of the Housing Act 1996, a housing authority allocates accommodation when it:

• Selects a person to be a secure or introductory tenant of accommodation held by that authority.
• Nominates a person to be a secure or introductory tenant of accommodation held by another housing authority.
• Nominates a person to be an assured tenant of accommodation held by a PRP.

The term “assured tenant” includes a person with an assured shorthold tenancy, including a tenancy of an affordable rent property. “Secure tenant” includes a person with a flexible tenancy granted under Section 107A of the Housing Act 1985.

The process of allocation, known as the ‘Allocations Procedure’ will be undertaken by the Senior Allocations Officer / Housing Services Manager. Housing / Homeless Officers may also undertake the procedure subject to authority delegated by the Head of Housing and Community Services in accordance with the Council’s constitution.

• In respect of new build properties at first nomination, households residing in Registered Provider accommodation or HDC temporary accommodation (including HDC-owned temporary accommodation and bed and breakfast placements) in bands A and B will be prioritised into new build rented properties. Where there are no other determining factors, Void Properties will be allocated within the band in banding date order.

If the Void Property for nomination is suitable for an applicant on the HDC Housing Register with accorded additional preference, the offer for that Void Property will be made in writing to the applicant.

Situations where a Void Property is offered to an applicant on the HDC Housing Register from the additional preference groups

The decision as to which applicant on the HDC Housing Register from the additional preference groups will be offered a Void Property available will be based on a combination of:

• best fit with the Void Property on offer and the applicant’s needs based on information supplied by the applicant;
• the scheme the applicant is moving on from (if relevant) and
• the views of professionals involved in the applicant’s care (if relevant).

Where there are no other determining factors, properties will be allocated within the band in banding date order.

Situations where a Void Property is not suitable for any applicants in any of the additional preference groups

If the Void Property is not suitable for any applicants in any of the additional preference groups, it will be allocated to an applicant on the HDC Housing Register from the reasonable preference group (Band A).

The decision as to which applicant from the reasonable preference group will be offered a Void Property available will be based on a combination of:

• best fit with the Void Property on offer and the applicant’s needs based on information supplied by the applicant; and
• the views of professionals involved in their care (if relevant).

In respect of new build properties at first nomination, households residing in Registered Provider accommodation in bands A and B will be prioritised into new build rented properties. Where there are no other determining factors, Void Properties will be allocated within the band in banding date order.

Situations where a Void Property is not suitable for any applicant in the reasonable preference groups and consideration of reduced preference group (Band B)

If the void property is not suitable for any applicant on the HDC Housing Register in the reasonable preference group (Band A), it will be allocated to an applicant from the reduced preference group (Band B).

The decision as to which applicant from the reduced preference group will be offered a Void Property available will be based on a combination of:

• best fit with the Void Property; and
• the applicant’s needs based on information supplied by the applicant and the views of professionals involved in their care (if relevant).

Where there are no other determining factors, Void Properties will be allocated within the band in banding date order.

Situations where a Void Property is not suitable for any applicant in Band A or Band B and consideration of reduced preference group (Band C)

If the Void Property is not suitable for any applicant in the reasonable preference group (Band A) or reduced preference group (Band B) it will be allocated to an applicant from the reduced preference group (Band C).

The decision as to which applicant from on the HDC Housing Register in the reduced preference group will be offered a Void Property available will be based on a combination of:

• best fit with the Void Property; and
• the applicant’s needs based on information supplied by the applicant and the views of professionals involved in his or her care (if relevant). Where there are no other determining factors, Void Properties will be allocated within the band in banding date order.

The nomination process will include a Housing Officer verifying your circumstances with you. This process usually involves an appointment at your home or you may be invited to an appointment at the Council’s offices.

For the appointment the Housing Officer will need to see supporting evidence of the following categories:

1.  Evidence of Identification and proof of Residence

• Photographic ID – passport, driving licence
• Birth Certificates
• National insurance card
• Change of name by deed poll
• Proof of residence within the District, utilities or phone bill with your current address
• Residency Card

2.  Evidence of Income – all applicants are required to supply evidence of their financial income and resources.

• Benefit entitlements including universal credit
• Recent wage slips
• Recent bank/building society statements – for all accounts held
• Universal credit – proof required concerning which benefits you are in receipt of.

3. Evidence of employment (if applicable)

• Contract of employment
• Self-employed status – Invoices, tax returns, company registration

4. Proof of any capital or assets owned (if applicable)

5. Evidence of medicals and health (if applicable)

• Letters from medical professionals such as specialists
• Occupational therapist reports

6. Proof of tenancy held (if applicable)

• Copy of tenancy agreement
• Current rent statement

The above is not an exhaustive list of documents required and the Council may require additional information to verify any information provided.

Applicants who are admitted on to the HDC Housing Register will be offered a variety of areas within the District to choose from. It is not possible to choose specific streets or neighbourhoods within these areas or type of property (flat, house or bungalow).

Applicants with a medical need for a level access or an adapted property will be given priority for bungalows and ground floor flats.

The most common types of one and two bed properties offered to applicants on the housing register are first and second floor flats.

The size of the property required by applicants will be determined on the basis of each of the following requiring a separate bedroom:

a. A person living together with another as husband and wife (whether that other person is of the same sex or the opposite sex)

b. A person over 16 years of age

c. Two persons of the same sex aged 10 years to 16 years

d. Two persons (regardless of the same sex or not) under 10 years of age

e. Two persons of the same sex where one person is aged between 10 years and 20 years and the other is less than 10 years of age

f. Any person under 21 years of age in any case where they cannot be paired with another occupier of the dwelling so as to fall within 4.5 (c), (d) or (e) above due to high medical need for a separate bedroom.

Within the Allocations Process, should applicants refuse their one offer of suitable accommodation, this will result in applicants being removed from the Housing Register for one year. After a period of one year, applicants will be able to reapply, and their circumstances will be reassessed.

The HDC Nominations Policy covers all properties provided by its partners over which the Council has nomination rights that are available to let on introductory, secure, assured tenancies and includes flexible tenancies and those let under the Affordable Rented regime (up to 80% of market rents) save for those subject to statutory exceptions and for properties within the phased development West of Bewbush (also known as Kilnwood Vale) 50% of the nomination rights for which are given to Crawley Borough Council. The decision as to which vacancies will be put forward to Crawley Borough Council for their applicants will be made by the Housing Services Manager or Head of Housing and Community Services.

The Data Protection Act 2018 and the Housing Act 1996 (as amended) give applicants the right to access certain information. Under data protection law, applicants are entitled, upon request, to be told if any personal data is held about them whether this is held in computerised or in some cases paper form and, if so, to be provided with a copy. This may include any entry on the Housing Register.

Requests for your personal information (Subject Access Requests) can be made in three ways and should be supported by evidence of your identity:

• Email DataProtectionAct@horsham.gov.uk
• Use our Subject Access Request Form
• Write to The Data Protection Officer, Horsham District Council, Parkside, Chart Way, Horsham, RH12 1RL

More information about making Subject Access Requests can be found on our website via the following link: www.horsham.gov.uk/data-and-freedom-of-information/subject-access-request

All applicants who make an application for assistance from the Council are required to sign a declaration that the information provided is true and accurate to the best of their knowledge. The applicant’s declaration also acknowledges that their personal data is processed in accordance with data protection legislation and agrees that their details and information provided may be verified and shared with other statutory bodies and other agencies working in partnership with the Council in order to undertake its duties. For further information on how the Council may process your personal data, please see the Privacy Statement on our website: https://www.horsham.gov.uk/privacy-statement

In addition, under the Housing Act 1996 (as amended), applicants are entitled to request such general information as will enable them to:

• assess how their application is likely to be treated under the Policy including, in particular whether they are likely to be regarded as a member of a group of people who are to be given statutory preference by virtue of section 166A (3); and
• whether housing accommodation appropriate to their needs is likely to be made available and, if so, how long it is likely to be before such accommodation becomes available.

Applicants are also entitled to request that they be informed of any decision about the facts of the case which is likely to be or has been taken into consideration when considering whether to allocate housing accommodation to them. Applicants are entitled to request an internal review of certain decisions and to be informed of the decision on any review and the grounds for it (for further information, please see below).

If you wish to request any of this information, please contact the Head of Housing and Community Services.

Data Protection also prohibits disclosure to any other member of the public (including relatives) other than the applicant, without specific permission from the applicant. Therefore, if you would like another person to assist you on your behalf, you must provide the Council with written authority for your information to be shared.

The following classes of persons subject to immigration control are persons who are eligible for an allocation of housing accommodation under Part 6 of the Housing Act 1996 Act:

(a) Class A – a person who is recorded by the Secretary of State as a refugee within the definition in Article 1 of the Refugee Convention and who has leave to enter or remain in the United Kingdom;

(b) Class B – a person: (i) who has exceptional leave to enter or remain in the United Kingdom granted outside the provisions of the Immigration Rules; and (ii) who is not subject to a condition requiring him to maintain and accommodate himself, and any person who is dependent on him, without recourse to public funds;

(c) Class C – a person who is habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland and whose leave to enter or remain in the United Kingdom is not subject to any limitation or condition, other than a person: (i) who has been given leave to enter or remain in the United Kingdom upon an undertaking given by his sponsor; (ii) who has been resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland for less than five years beginning on the date of entry or the date on which his sponsor gave the undertaking in respect of him, whichever date is the later; and (iii) whose sponsor or, where there is more than one sponsor, at least one of whose sponsors, is still alive;

(d) Class D – a person who has humanitarian protection granted under the Immigration Rules;

(e) Class E – 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 enter the United Kingdom as a relevant Afghan citizen under paragraph 276BA1 of the Immigration Rules;

(f) Class F – 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, such leave granted: (i) under paragraph 276BE(1), paragraph 276DG or Appendix FM of the Immigration Rules 10, and (ii) who is not subject to a condition requiring that person to maintain and accommodate himself, and any person dependent upon him, without recourse to public funds Appendix A Excerpts from the Allocation of Housing and Homeless (Eligibility) (England) Regulations 2006 32 The Housing Register and Nominations Policy | April 2025 Regulation 3 – Persons subject to immigration control who are eligible for an allocation of housing accommodation continued

(g) Class G – 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 been transferred to the United Kingdom under section 67 of the Immigration Act 2016 and has limited leave to remain under paragraph 352ZH of the Immigration Rules [; and] 14

(h) Class H – a person who is habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland and has Calais leave to remain under paragraph 352J of the Immigration Rules.

(1) A person who is not subject to immigration control is to be treated as a person from abroad who is ineligible for an allocation of housing accommodation under Part 6 of the 1996 Act if:

(a) subject to paragraph (2), he is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man, or the Republic of Ireland;

(b) his only right to reside in the United Kingdom:

• (i) is derived from his status as a jobseeker or the family member of a jobseeker; or
• (ii) is an initial right to reside for a period not exceeding three months under regulation 13 of the EEA Regulations; or
• (iii) is a derivative right to reside to which he is entitled under regulation 15A(1) of the EEA Regulations, but only in a case where the right exists under that regulation because the applicant satisfies the criteria in regulation 15A(4A) of those Regulations; or
• (iv) is derived from Article 20 of the Treaty on the Functioning of the European Union, in a case where the right to reside arises because a British citizen would otherwise be deprived of the genuine enjoyment of the substance of their rights as a European Union citizen; or

(c) his only right to reside in the Channel Islands, the Isle of Man or the Republic of Ireland:

(i) is a right equivalent to one of those mentioned in sub-paragraphs (b)(i),(ii) or (iii) which is derived from the Treaty on the Functioning of the European Union; or

(ii) is derived from Article 20 of the Treaty on the Functioning of the European Union, in a case where the right to reside:

• (a) in the Republic of Ireland arises because an Irish citizen, or
• (b) in the Channel Islands or the Isle of Man arises because a British citizen also entitled to reside there

would otherwise be deprived of the genuine enjoyment of the substance of their rights as a European Union citizen.

(1A) For the purposes of determining whether the only right to reside that a person has is of the kind mentioned in paragraph (1)(b) or (c), a right to reside by virtue of having been granted limited leave to enter or remain in the United Kingdom under the Immigration Act 1971 by virtue of Appendix EU to the immigration rules made under section 3 of that Act is to be disregarded.

(2) The following are not to be treated as persons from abroad who are ineligible for an allocation of housing accommodation pursuant to paragraph (1)(a):

• (a) a worker;
• (b) a self-employed person;
• (c)  a person who is treated as a worker for the purpose of the definition of “qualified person” in regulation 6(1) of the EEA Regulations pursuant to (ii) regulation 5 of the Accession Regulations 2013 (right of residence of an accession State national subject to worker authorisation);
• (d)  a person who is the family member of a person specified in sub-paragraphs (a)–(c);
• (e) a person with a right to reside permanently in the United Kingdom by virtue of regulation 15(c), (d) or (e) of the EEA Regulations; and
• (g) a person who is in the United Kingdom as a result of his deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom.

(1) The following classes of persons subject to immigration control are persons who are eligible for housing assistance under Part 7 of the 1996 Act:

(a) Class A – a person who is recorded by the Secretary of State as a refugee within the definition in Article 1 of the Refugee Convention and who has leave to enter or remain in the United Kingdom;

(b) Class B – a person:

• (i) who has exceptional leave to enter or remain in the United Kingdom granted outside the provisions of the Immigration Rules; and
• (ii) whose leave to enter or remain is not subject to a condition requiring him to maintain and accommodate himself, and any person who is dependent on him, without recourse to public funds;

(c) Class C – a person who is habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland and whose leave to enter or remain in the United Kingdom is not subject to any limitation or condition, other than a person:

• (i) who has been given leave to enter or remain in the United Kingdom upon an undertaking given by his sponsor;
• (ii) who has been resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland for less than five years beginning on the date of entry or the date on which his sponsor gave the undertaking in respect of him, whichever date is the later; and
• (iii) whose sponsor or, where there is more than one sponsor, at least one of whose sponsors, is still alive;

(d) Class D – a person who has humanitarian protection granted under the Immigration Rules;

(f) Class F – 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 enter the United Kingdom as a relevant Afghan citizen under paragraph 276BA1 of the Immigration Rules;

(g) Class G – 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, such leave granted:

• (i) under paragraph 276BE(1), paragraph 276DG or Appendix FM of the Immigration Rules, and (
• ii) who is not subject to a condition requiring that person to maintain and accommodate himself, and any person dependent upon him, without recourse to public funds;

(h) Class H – 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 been transferred to the United Kingdom under section 67 of the Immigration Act 2016 and has limited leave to remain under paragraph 352ZH of the Immigration Rules;

(i) Class I – a person who is habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland and has Calais leave to remain under paragraph 352J of the Immigration Rules.

(1) A person who is not subject to immigration control is to be treated as a person from abroad who is ineligible for housing assistance under Part 7 of the 1996 Act if:

(a) subject to paragraph (2), he is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man, or the Republic of Ireland;

(b) his only right to reside in the United Kingdom:

• (i) is derived from his status as a jobseeker or the family member of a jobseeker; or
• (ii) is an initial right to reside for a period not exceeding three months under regulation 13 of the EEA Regulations; or
• (iii) is a derivative right to reside to which he is entitled under regulation 15A(1) of the EEA Regulations, but only in a case where the right exists under that regulation because the applicant satisfies the criteria in regulation 15A(4A) of those Regulations; or
• (iv) is derived from Article 20 of the Treaty on the Functioning of the European Union in a case where the right to reside arises because a British citizen would otherwise be deprived of the genuine enjoyment of the substance of the rights attaching to the status of European Union citizen; or

(c) his only right to reside in the Channel Islands, the Isle of Man or the Republic of Ireland:

(i) is a right equivalent to one of those mentioned in sub-paragraph (b)(i),(ii) or (iii) which is derived from the Treaty on the Functioning of the European Union; or

(ii) is derived from Article 20 of the Treaty on the Functioning of the European Union, in a case where the right to reside:

• (a) in the Republic of Ireland arises because an Irish citizen, or
• (b) in the Channel Islands or the Isle of Man arises because a British citizen also entitled to reside there

would otherwise be deprived of the genuine enjoyment of the substance of their rights as a European Union citizen.

(1A) For the purposes of determining whether the only right to reside that a person has is of the kind mentioned in paragraph (1)(b) or (c), a right to reside by virtue of having been granted limited leave to enter or remain in the United Kingdom under the Immigration Act 1971 by virtue of Appendix EU to the immigration rules made under section 3 of that Act is to be disregarded.

(2) The following are not to be treated as persons from abroad who are ineligible for housing assistance pursuant to paragraph (1)(a):

• (a) a worker;
• (b) a self-employed person;
• (c)  a person who is treated as a worker for the purpose of the definition of “qualified person” in regulation 6(1) of the EEA Regulations pursuant to (ii) regulation 5 of the Accession Regulations 2013 (right of residence of an accession State national subject to worker authorisation);
• (d)  a person who is the family member of a person specified in sub-paragraphs (a)–(c);
• (e) a person with a right to reside permanently in the United Kingdom by virtue of regulation 15(c), (d) or (e) of the EEA Regulations; and
• (g) a person who is in the United Kingdom as a result of his deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom