The Allocation of Housing and Homelessness (Eligibility) (Amendment) Regulations (Northern Ireland) 2025
Source: legislation.gov.uk (2025-07-29)

Regulation 2 of these Regulations amends the Allocation of Housing and Homelessness (Eligibility) Regulations (Northern Ireland) 2006 (S.R. 2006 No. 397) to ensure that persons who were residing in a country or territory and who left that country or territory when His Majesty’s Government issued public information to advise British nationals to leave that country or territory, or arranged the evacuation of British nationals from that country or territory, are exempt from the habitual residence test otherwise applicable in relation to eligibility for an allocation of housing accommodation and for housing assistance.

Statutory Rules of Northern Ireland

2025 No. 135

Housing, Northern Ireland

The Allocation of Housing and Homelessness (Eligibility) (Amendment) Regulations (Northern Ireland) 2025

Made

1.48 p.m. on 17th July 2025

Laid before Parliament

2.30 p.m. on 17th July 2025

Coming into force

18th July 2025

The Secretary of State makes these Regulations in exercise of the powers conferred by Article 22A(3) of the Housing (Northern Ireland) Order 1981(1 (\"#f00001\")) and Article 7A(2) of the Housing (Northern Ireland) Order 1988(2 (\"#f00002\")).

Citation, commencement and extentN.I.

1.—(1) These Regulations may be cited as the Allocation of Housing and Homelessness (Eligibility) (Amendment) Regulations (Northern Ireland) 2025 and come into operation on 18th July 2025.

(2) These Regulations extend to Northern Ireland.

Commencement Information

I1Reg. 1 in operation at 18.7.2025, see reg. 1(1) (\"http://www.legislation.gov.uk/id/nisr/2025/135/regulation/1/1\")

Amendment of the Allocation of Housing and Homelessness (Eligibility) Regulations (Northern Ireland) 2006N.I.

2.—(1) The Allocation of Housing and Homelessness (Eligibility) Regulations (Northern Ireland) 2006(3 (\"#f00003\")) are amended as follows.

(2) In regulation 3(2) (persons not to be treated as persons from abroad who are ineligible for an allocation of housing accommodation), after sub-paragraph (n) insert—

“(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.”.

(3) In regulation 4(2) (persons not to be treated as persons from abroad who are ineligible for housing assistance), after sub-paragraph (n) insert—

“(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.”.

Commencement Information

I2Reg. 2 in operation at 18.7.2025, see reg. 1(1) (\"http://www.legislation.gov.uk/id/nisr/2025/135/regulation/1/1\")

Signed by authority of the Secretary of State for Housing, Communities and Local Government

Rushanara Ali

Parliamentary Under Secretary of State

Ministry of Housing, Communities and Local Government

1.48 p.m. on 17th July 2025

EXPLANATORY NOTE

(This note is not part of the Regulations)

Regulation 2 of these Regulations amends the Allocation of Housing and Homelessness (Eligibility) Regulations (Northern Ireland) 2006 (S.R. 2006 No. 397 (\"http://www.legislation.gov.uk/id/nisr/2006/397\")) to ensure that persons who were residing in a country or territory and who left that country or territory when His Majesty’s Government issued public information to advise British nationals to leave that country or territory, or arranged the evacuation of British nationals from that country or territory, are exempt from the habitual residence test otherwise applicable in relation to eligibility for an allocation of housing accommodation and for housing assistance.

A full regulatory impact assessment has not been prepared for this instrument because the impact on business is not likely to be significant.

(1)

S.I. 1981/156 (N.I. 3) (\"http://www.legislation.gov.uk/id/nisi/1981/156\"); Article 22A was inserted by Article 124(5) of S.I. 2003/412 (N.I. 2) (\"http://www.legislation.gov.uk/id/nisi/2003/412\").

(2)

S.I. 1988/1990 (N.I. 23) (\"http://www.legislation.gov.uk/id/nisi/1988/1990\"); Article 7A was inserted by Article 137 of S.I. 2003/412 (\"http://www.legislation.gov.uk/id/uksi/2003/412\").

(3)

S.R. 2006 No. 397 (\"http://www.legislation.gov.uk/id/nisr/2006/397\"); relevant amending instruments are S.R. 2009 No. 161 (\"http://www.legislation.gov.uk/id/nisr/2009/161\"), S.R. 2013 No. 189 (\"http://www.legislation.gov.uk/id/nisr/2013/189\"), S.R. 2019 No. 86 (\"http://www.legislation.gov.uk/id/nisr/2019/86\"), S.I. 2020/1309 (\"http://www.legislation.gov.uk/id/uksi/2020/1309\"), S.R. 2021 No. 254 (\"http://www.legislation.gov.uk/id/nisr/2021/254\"), S.R. 2022 No. 128 (\"http://www.legislation.gov.uk/id/nisr/2022/128\"), S.R. 2023 No. 79 (\"http://www.legislation.gov.uk/id/nisr/2023/79\"), S.R. 2023 No. 182 (\"http://www.legislation.gov.uk/id/nisr/2023/182\").