Homeless eligibility amends and deposit discretions

The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2016 have (finally) been made to come into force on 30 October 2016. These sort out the anomaly highlighted in Romans v Southwark LBC and SSDCLG and Alabi v SSDCLG about those with leave to remain granted under Appendix FM. Their eligibility for housing and homeless […]

Homelessness eligibility – revisions underway

The following note appeared on the Doughty Street Chambers site. Anyone with clients (or applicants) in a similar position – in particular leave to remain granted under Appendix FM of the immigration Rules – should take note. The DCLG has indicated that those granted Article 8 ‘leave to remain’ (and have recourse to public fund) […]

Questions and Answers

O, R (on the application of) v London Borough of Lambeth [2016] EWHC 937 (Admin) A judicial review of a decision on a s.17 Children Act 1989 assessment of a homeless, non-eligible family. The issues were the extent of investigations required, and legitimate conclusions to be drawn from a lack of information provided. The claim […]

EU ineligibility for housing

Mirga and Samin v Secretary of State for Work and Pensions & Anor [2016] UKSC 1 In Mr Samin’s appeal, the Supreme Court considered the meaning of “a person from abroad who is not eligible for housing assistance” section 185(1) of Housing Act 1996 (as amended). Mr Samin is an EU citizen, who came to […]

Zambrano carers and social assistance

There must be times when Court of Appeal judges think that they have bit parts in an ongoing drama – they have a walk on role.  And that must be how the Court felt in Sanneh v SSWP and others [2015] EWCA Civ 49, which concerns the eligibility rules for Zambrano carers of a raft of social assistance […]

Deja Vu All Over Again (and again)

In Samin v Westminster CC [2012] EWCA Civ 1468 [not on bailii yet – lawtel has a transcript], the Court of Appeal had to decide what was meant by someone being “temporarily unable to work” so as to determine if Mr Samin retained his status as a “worker” under the Immigration (European Economic Area) Regulations […]

New Regulations 1 – ‘Zambrano’ eligibility

In response to  Zambrano (C-34/09) the Government has laid new regulations today, to come into force on 9 8 November 2012. The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2012 http://www.legislation.gov.uk/uksi/2012/2588/introduction/made The Social Security (Habitual Residence) (Amendment) Regulations 2012 http://www.legislation.gov.uk/uksi/2012/2587/contents/made The effect of these regulations is that, while the right of residence of ‘Zambrano Carers’ (third country […]

Housing eligibility via a child?

Not sure how this one didn’t make it on to the blog before… Back in March 2011, the Court of Justice of the European Union gave judgment in Zambrano (C-34/09) [For a report on that judgment, see Free Movement, here] The upshot of Zambrano was that where a child (or dependant adult) who is a […]

Morris dancing

Bah v The United Kingdom – 56328/07 [2011] ECHR 1448 This is a decision of the European Court of Human Rights on the regulations for eligibility for housing support, after the declaration of incompatibility in Westminster v Morris [2005] EWCA Civ 1184. It is a very significant case, not least because it has a direct […]

Homelessness, Workers and ‘effective employment’

Falastin Amin v Brent LBC, Wandsworth County Court 2011 A county court s.204 appeal on the issue of eligibility of an EU citizen as a ‘wroker’. While it is not binding, it sets out a clear position which, given the involvement of Minos Perdios in the review decision, could well be of broader relevance. The […]