HOUSING Citation and commencement 1 These Regulations may be cited as the Allocation of Housing and Homelessness (Eligibility) Regulations (Northern Ireland) 2006 and shall come into operation on 1st November 2006. Interpretation 2 1 In these Regulations— ... “the Accession Regulations 2006” means the Accession (Immigration and Worker Authorisation) Regulations 2006; “the Accession Regulations 2013” means the Accession of Croatia (Immigration and Worker Authorisation) Regulations 2013 ;” “the EEA Regulations ” means the Immigration (European Economic Area) Regulations 2016 and references to the EEA Regulations are to be read with Schedule 4 to the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020(Consequential, Saving, Transitional and Transitory Provisions) Regulations 2020 . 2 For the purposes of these Regulations— a “jobseeker”, “self–employed person” and “worker” have the same meaning as for the purposes of the definition of a “qualified person” in regulation 6(1) of the EEA Regulations ; and ab “ frontier worker ” means a person who is a frontier worker within the meaning of regulation 3 of the Citizens' Rights (Frontier Workers) (EU Exit) Regulations; b subject to paragraph (3), references to the family member of a jobseeker, self–employed person , worker or frontier worker shall be construed in accordance with regulation 7 of the EEA Regulations . 3 For the purposes of regulations 3(2)(d) and (j) and 4(2)(d) and (j) “family member” does not include a person who is treated as a family member by virtue of regulation 7(3) of the EEA Regulations. Persons from abroad who are ineligible for an allocation of housing accommodation 3 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 the Housing (Northern Ireland) Order 1981 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 16(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 16(5) of those Regulations; or iv . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . c his only right to reside in the Channel Islands, the Isle of Man or the Republic of Ireland is a right equivalent to one of those mentioned in sub-paragraph (b)(i), (ii) or (iii) 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 a 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(2) of that Act; or b leave to enter the United Kingdom by virtue of an entry clearance that was granted under Appendix EU (Family Permit) to the immigration rules made under section 3(2) 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 either— i regulation 6 of the Accession Regulations 2006 (right of residence of an accession State national subject to worker authorisation); or 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(1)(c) , (d) or (e) of the EEA Regulations; f a person who left the territory of Montserrat after 1st November 1995 because of the effect on that territory of a volcanic eruption; ... 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 and h a person who— i arrived in the United Kingdom on or after 28th February 2009 but before 18th March 2011; ii immediately before arriving in the United Kingdom had been resident in Zimbabwe; and iii before leaving Zimbabwe, had accepted an offer, made by Her Majesty’s Government, to assist that person to settle in the United Kingdom. i a frontier worker; ... j a person who— i is a family member of a person specified in sub-paragraph (i); and ii has 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. k a person who left Afghanistan in connection with the collapse of the Afghan government that took place on 15th August 2021. l a person who was residing in Ukraine immediately before 1st January 2022 and who left Ukraine in connection with the Russian invasion which took place on 24th February 2022. m a person who was residing in Sudan before 15th April 2023 and who left Sudan in connection with the violence which rapidly escalated on 15th April 2023 in Khartoum and across Sudan. n a person who was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7th October 2023 and who left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7th October 2023 or the violence which rapidly escalated in the region following the attack. o a person who— i was residing in a country or territory and left that country or territory when His Majesty’s Government provided public information to advise British nationals to leave that country or territory or arranged an evacuation of British nationals from that country or territory, and ii made an application for housing accommodation under Part II of the Housing (Northern Ireland) Order 1981 within the period of 6 months beginning with the date on which His Majesty’s Government first provided public information to advise British nationals to leave that country or territory, or the first day of an evacuation operation by His Majesty’s Government of British nationals from that country or territory, whichever is later. Persons from abroad who are ineligible for housing assistance 4 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 II of the Housing (Northern Ireland) Order 1988 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 16(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 16(5) of those Regulations; or iv . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . c his only right to reside in the Channel Islands, the Isle of Man or the Republic of Ireland is a right equivalent to one of those mentioned in sub-paragraph (b)(i),(ii) or (iii) 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 a 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(2) of that Act; or b leave to enter the United Kingdom by virtue of an entry clearance that was granted under Appendix EU (Family Permit) to the immigration rules made under section 3(2) 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 either— i regulation 6 of the Accession Regulations 2006 (right of residence of an accession State national subject to worker authorisation); or 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(1)(c) , (d) or (e) of the EEA Regulations; f a person who left the territory of Montserrat after 1st November 1995 because of the effect on that territory of a volcanic eruption; ... 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 and h a person who— i arrived in the United Kingdom on or after 28th February 2009 but before 18th March 2011; ii immediately before arriving in the United Kingdom had been resident in Zimbabwe; and iii before leaving Zimbabwe had accepted an offer made by Her Majesty’s Government to assist that person to settle in the United Kingdom. i a frontier worker; ... j a person who— i is a family member of a person specified in sub-paragraph (i); and ii has 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. k a person who left Afghanistan in connection with the collapse of the Afghan government that took place on 15th August 2021. l a person who was residing in Ukraine immediately before 1st January 2022 and who left Ukraine in connection with the Russian invasion which took place on 24th February 2022. m a person who was residing in Sudan before 15th April 2023 and who left Sudan in connection with the violence which rapidly escalated on 15th April 2023 in Khartoum and across Sudan. n a person who was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7th October 2023 and who left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7th October 2023 or the violence which rapidly escalated in the region following the attack. o a person who— i was residing in a country or territory and left that country or territory when His Majesty’s Government provided public information to advise British nationals to leave that country or territory or arranged an evacuation of British nationals from that country or territory, and ii made an application for housing assistance under Part II of the Housing (Northern Ireland) Order 1988 within the period of 6 months beginning with the date on which His Majesty’s Government first provided public information to advise British nationals to leave that country or territory, or from the first day of an evacuation operation by His Majesty’s Government of British nationals from that country or territory, whichever is later. Revocation 5 Subject to regulation 6, the Regulations specified in column (1) of the Schedule are revoked. Transitional provisions 6 The revocations made by these Regulations shall not have effect in relation to an applicant whose application for— a an allocation of housing accommodation under the Housing (Northern Ireland) Order 1981; or b housing assistance under Part II of the Housing (Northern Ireland) Order 1988, was made before 1st November 2006. Peter Hain One of Her Majesty’s Principal Secretaries of State Northern Ireland Office 28th September 2006