There was briefly a loophole. If, somehow, an EU citizen in England was on Income Support and became homeless, there was a way they could be eligible for housing assistance from local authorities under the Homelessness (England) Regulations 2000, because they were subject to immigration control as non-workseekers, oddly enough. I was looking after a Housing Act appeal on these grounds and was happy when this was confirmed by the Court of Appeal in Barnet BC v Ismail and Abdi [2006] EWCA Civ 383.
But, from 20th April 2006, this is no more. Rushed through Regulations, which didn’t even get the usual 21 days to be inspected by a Commons Committee before coming into force, plugged the gap. Odd, as even receiving Income Support should only be the result of a mess up by the DWP, so there can’t be that many who’d slip in through this hole.
Luckily, after a quick and anxious check, my client should be covered by the transitional provisions. They are still in with a good chance with the homeless application. But if you are Italian, Spanish etc., getting Income Support and became homeless in England after 20th April 2006, tough. At least, that is what it looks like. We shall see.