local gov EEA family housing rights

Meliana Pearsall made this Freedom of Information request to Ministry of Housing, Communities and Local Government

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Meliana Pearsall

Dear Department for Communities and Local Government,

Please can you provide me with a copy of information you store
which outlines the elegibility of a person who's status in the UK
stands as "Family Member of an EEA National" within the meaning of
the Immigration (European Economic Area) Regulations 2006 to
receive housing assistance.

Please note I am interested in family members of EEA Nationals who
hold the status of "Worker" / "Self Employed" and not "Self
Sufficient" or "Job Seeker".

Please provide the following information:

Elegibility to apply for housing in their own right.

Elegibility to be named on tenancy agreements

Elegibility to receive homeless assistance

Yours faithfully,

Meliana Pearsall

FoI Requests, Ministry of Housing, Communities and Local Government

FOI REF NO: F0008016

Thank you for your email. We are currently processing your request. Please quote the reference number above in any further correspondence regarding this request.
Freedom of Information Team
Department for Communities and Local Government

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Frances Walker, Ministry of Housing, Communities and Local Government

Dear Ms Pearsall
 
Thank you for your email of 14 July to the FOI requests email at this
Department.  Your email was acknowledged by the FOI team on 15 July under
reference FOI F0008016.
 
As your email is asking for information which the Department would make
available routinely, on a day to day basis, I am not treating your request
under the Freedom of Information Act. However, I am very happy to provide
the information you request, as far as I am able. 
 
You ask for information outlining the eligibility for housing assistance
of someone who meets the definition of a family member of an EEA national
under the Immigration (European Economic Area) Regulations 2006 (the EEA
regulations).  You say you are interested only in family members of EEA
nationals who have the status of a worker and a self-employed person.  You
are not interested in the family members of EEA nationals who are
self-sufficient or who are work seekers.
 
The Allocation of Housing and Homelessness (Eligibility) (England)
Regulations 2006 (SI 2006/1294) set out the rules governing which
categories of foreign nationals are eligible for social housing and
homelessness assistance.  You can find the regulations on the OPSI website
at:
[1]http://www.legislation.gov.uk/uksi/2006/...
 
The rules in relation to EEA nationals are the same for an allocation of
social housing and for homelessness assistance and are set out in
regulation 4 and 6 of SI 2006/1294, respectively.
 
The general rule is that EEA nationals are eligible for social housing and
homelessness assistance only if they have a relevant EU right to reside
and are habitually resident in the UK.  However, some EEA nationals are
eligible without having to be habitually resident because they have a
right to equal treatment with British nationals.  These include EEA
workers and the self-employed and their family members.
 
The family member of an EEA national who had a right to reside in the UK
as a worker or self-employed would accordingly be able to apply for social
housing in their own right. As to whether they were accepted onto the
waiting list and granted a tenancy – this would depend on whether they
qualified under the local authority’s own qualification criteria, and
whether they had sufficient priority under the local authority’s
allocation scheme.
 
You may be interested to know that the Department issued statutory
guidance in December last year encouraging local authorities to use their
new power to set their own qualification criteria  to apply a residency
test for social housing. The guidance is downloadable at:
[2]https://www.gov.uk/government/publicatio...
 
Such a family member would also be eligible for homelessness assistance. 
As to whether they were entitled to homelessness assistance, this would
depend on whether they were unintentionally homeless and in priority
need.    
 
The statutory code of guidance on homelessness (2006) and social housing
allocations (2012) provide detailed advice on the rights of residence of
EU nationals including family members at Annex 12 and Annex 2
respectively. You can download these documents at:
[3]https://www.gov.uk/government/uploads/sy...
[4]https://www.gov.uk/government/publicatio...
 
I hope this is helpful.
 
Best wishes,
 
Frances Walker
Social Housing Management and Allocations Team
_____________________________________________
 

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Meliana Pearsall

Dear Frances Walker,

Re: https://www.whatdotheyknow.com/request/l...

I would like to thank you for your prompt response. With your detailed and clear no beating around the bush response I am happy to say my query has been sufficiently answered.

Yours sincerely,

Meliana Pearsall