A critical appraisal of the European Workers Housing Rights in United Kingdom

[Name of the Writer]

[Name of the Institution]

 Housing Rightsii

ABSTRACT

The research provides the guide for Housing Rights in UK for nationals and workers from

EEA (European Economic area). A national from EEA for assessing permanent residence

need to meet criteria and conditions to provide evidence that they have job seeker or worker

status and right to reside for purposes of benefit. The description is based on Rights for them

to claim social assistance in UK. There are some changes that have been made in Test for

Habitual Residence and entitlement on Housing Benefit for relying on the right to reside. The

paper included Human Right and legal consideration for EEA workers to get Housing Benefit

while living and working in UK.

 Housing Rightsiii

Table of Contents

ABSTRACT............................................................................................................................................ ii
CHAPTER 1: INTRODUCTION ........................................................................................................... 1
Overview of the Research ................................................................................................................... 1
Research Aims and Objectives: .......................................................................................................... 2
Research Questions ............................................................................................................................. 2
Background ......................................................................................................................................... 3
Problem statement............................................................................................................................... 3
Theoretical Framework ....................................................................................................................... 4
Rationale of Research ......................................................................................................................... 5
CHAPTER 2: LITERATURE REVIEW ................................................................................................ 7
Determining eligibility for Housing of EEA Nationals ...................................................................... 9
Regulation 4 (1) ............................................................................................................................ 11
Regulation 4(2) ............................................................................................................................. 12
Regulation 5 & 6 ........................................................................................................................... 13
Ineligible criteria for EEA nationals with reference to Housing Rights in UK ................................ 15
Gerardo Ruiz Zambrano v Office national de l’emploi ................................................................ 17
EEA migrants jump the social housing queue .................................................................................. 17
Findings of IPPR intervening........................................................................................................ 20
Social Housing Allocation and Immigrant Communities Research.............................................. 21
Joseph Rowntree foundation observation ..................................................................................... 22
New rules to stop migrants claiming Housing Benefit in UK .......................................................... 23
Lain Duncan Smith (work and Pensions secretary) articulation ................................................... 23
Recently introduced measures: ..................................................................................................... 24
CHAPTER 03: METHODOLOGY ...................................................................................................... 26
Research Methodology ..................................................................................................................... 26
Research design ................................................................................................................................ 27
Data collection .................................................................................................................................. 28
Qualitative and Secondary data Collection Method.......................................................................... 29
Literature Search Strategy................................................................................................................. 30
CHAPTER 4: DISCUSSION AND ANALYSIS ................................................................................. 32
Welsh Regulations ............................................................................................................................ 33
CEP (Centre for Economic Performance) access.............................................................................. 34
Government Action to limit Access .................................................................................................. 35
The legislations and guidance ........................................................................................................... 36
 Housing Rightsiv

CTR The law on Council Tax Rebate ............................................................................................... 37

CHAPTER 5: CONCLUSION & RECOMMENDATION .................................................................. 39
Bibliography ......................................................................................................................................... 42
 Housing Rights1

CHAPTER 1: INTRODUCTION

Overview of the Research

The research aims to discuss the housing rights of European workers within the broad

spectrum. The review will take insight in principles that are implemented on the national

levels. The discussion is based on embodied housing rights of workers from EU in United

Kingdom. This description has aim to examine the legal obligations that are provided to

workers with respect to housing rights in UK. It explains the law that are implied for

European workers by entailing constitutes for building housing rights. It provides the

overview of the legal rights concerning to housing for European workers in UK. The

discussion contains the case laws and constitutes and examples to understand housing rights.

The research has illustrated insight that reflects broad aspects of housing rights. It describes

the enforceability of rights for the workers coming from EU and living in UK. These rights

have discussed with context of UK laws by discussing various judicial remedies for housing

rights. Significantly, it has illustrated examples that help in recognizing rights of European

workers. By the end of the description it has discussed the new policies for stopping the

claiming of migrants on UK laws for housing benefits of European workers. Under the

context of the UK laws, the state provides security to one that determines the eligibility for

the housing in the state1. Certain rules have been set for determining the criteria of eligibility

of housing for EEA nationals. By review of informed housing rights principles and obligation

this will be helpful to understand legal reform for European workers. It discusses the

comprehensive legal context and laws that provides security to workers by fulfilment of

housing rights. The research has aim to understand the regulations, laws and Acts that

1
Woodbridge, Jo. Sizing the unauthorised (illegal) migrant population in the United Kingdom in 2001. London:
Home Office, 2005.pp.1-2
 Housing Rights2

imposed to control immigration and housing concern to comprehend knowledge on national

policies and obligations that secure housing rights and assistance2.

Research Aims and Objectives:

The major aim of the research is to identify the Housing Rights of European in the

United Kingdom. The description has focus on the legal framework and legislatives that are

allocated by local housing authorities of housing stock. The housing associations are

considered as independent organisations and their websites provides the overview of the legal

distinction when providing housing rights to migrants. The research has described objectives

which are as follows:

 To describes the eligibility criteria for determining housing of EEA nationals.

 To investigate the criteria of ineligibility for EEA nationals with reference to Housing

Rights in United Kingdom.

 To examine EEA migrants jump to the social housing queue.

 To identify the new rules to stop the migrants claiming housing benefits in UK.

Research Questions

1. How EEA national can seek and protect the legal housing and accommodation while

working in UK?

2. What are the relative laws that governs right to reside in UK?

3. To what extent UK legislation provide aid for social housing rights and benefits for

EEA nationals?

2
Reducing carbon emissions from the UK housing stock. BRE Bookshop, 2005.pp.18-19
 Housing Rights3

Background

The purpose of this research is to provide the insight in housing rights for the worker

from the Europe and claiming on housing benefit. It aims to understand the benefits that are

provided to the EEA national and criteria that can consider eligibility for legal housing

assistance3. The details of the report included the information from past research for

extensive information on Housing Rights. On 16 July 2012, Amendments came into force in

the Immigration (European Economic Area) Regulation 2012. In 2006 EEA Regulations

these amendments were made to affect the rulings numbers in Court of Justice for European

Union (CJEU). These amendments were regarding to the rights of reside in the United

Kingdom for EU nationals4. These points include the right of entry or residence to primary

carer of the EEA nationals. (a) he/she must be under 18 years old (b) the person must residing

in the UK or possess self-employment. This protects right of EEA national or will get denial

with lack of these points. These amendments given impact to CJEU judgment in Chen and

the right to stay as housing residence will provided to the person who is EEA national and

taking education and residing in UK5. In UK all the EU citizens and EEA nationals have

access which is automatic for three months after which their families can get housing place

for living in state. However, on contrary unless a person who has not employed anywhere for

at least three months and in this case person would not be able to get the housing benefits and

assistance by the Council.

Problem statement

In UK, the housing context within the parliament is a public resource. During last

year’s there are number of migrants claimed for the housing benefits and a large proportion

3
May, Jon, Jane Wills, KavitaDatta, Yara Evans, Joanna Herbert, and Cathy McIlwaine."Keeping London
working: global cities, the British state and London's new migrant division of labour." Transactions of the
Institute of British Geographers 32, no. 2 (2007): 151
4
Morris, Lydia. Managing Migration: Civic stratification and migrants' rights. Psychology Press, 2002.pp.5-6
5
Ogus, Anthony Ian, Eric M. Barendt, and Nicholas Wikeley.The law of social security.LexisNexis, 2002.
 Housing Rights4

of population applied for immigration to UK. Thus, there is a need to understand reasons

behind these claims and under and how they are provided with right to reside. There is a need

to look in the criteria which is set for determining housing rights that many workers seek to

get legal and professional advocacy. This will be assess by looking at principles that are

working, subsequently to comprehend the rules that are providing accommodation and

reducing their complexities by qualifying the eligibility forms under the Annex orientation

specification for homeless which is provided by local governments. In the law context the

rules are determined by local housing authorities, CIH (Chartered Institute National) housing

and BME. Thus, we have taken insight in website that is mainly the key source for entailing

rights of housing for new migrants that possess criteria for determining the eligibility. The

issue of increased migration of foreign nationals has raise as a large ratio applied for

immigration. Recent DWP figures showed from 2014 as there are 1.73 m EU nationals that

are working in the UK, equal to 5.7 % are working and around 3.9 % which are 1.19 m non-

EU citizens in UK are working. 70% is the employment ratio for Non-UK born working

people comparably to the UK born workers which are about 73.2 %, 79% of the EU nationals

living in UK. This has observed according to latest updated report in 2014 April-June survey

of Labour force. The key reason for migration to the UK is to find work in UK as the state

has low unemployment ratio for migrants than citizens and the ratio is about 7.5 % to 7.9%.

The existence of foreign national working people has increased rapidly in comparison to low

skilled jobs since early 2000.

Theoretical Framework

The theoretical framework for this research has been established by illustrating the

fact that Housing Rights must be provided to every EEA national or the applicant that

determines the eligibility criteria as it is the duty of social security systems and Human
 Housing Rights5

Rights. The Human Rights secures laws and Regulations that governs the protection of

Housing benefits. Contrast to other Human Rights, the rights to Housing in UK raises

housing as primary concern for EEA national that works in the state6. However, the scope of

this concern and existence of Housing rights raise aggravated questions. The research has

taken insight in disciplines, political theory and laws that contributes to the state in

acknowledging on Housing Rights or getting legal accommodation in UK7. The research has

included these measures to address the issue of Housing Rights of EEA citizens profoundly.

This is because Housing Rights is the matter of Justice and Social Rights from practicing the

theory proposes by M. Langford on Social Rights Jurisprudence. It has emerges the Trends in

comparative and International Law8. The theoretical approach to housing is broad established

area of concepts that can illustrate by Richardson and Peter’s articles. They have researched

in this area broadly in 1990s and included diverse knowledge on Social Rights and Housing

concepts. Routledge 1998 and Ashgate 2003 have also taken insight in Social Philosophy of

Housing enlightening the concepts related to rights and policies for Housing9. Social Rights

theories possess beneficial approaches to highlight the Housing Rights for people that applied

to live in UK. This will help regime to address housing concerns. In such a way Dublin 2008

has proposed paper entitling concepts of Social theories concerning to Housing Rights.

Rationale of Research

This research is significant to understand the Housing Allocations and Assistance that

are provided to EEA national that works within the state, for this we will find the laws that

regulate for provision and accessing of social security and housing benefits is possible for

6
Kemeny, Jim. Housing and social theory.Routledge, 2013.
7
Woolcock, Michael, and Deepa Narayan. "Social capital: Implications for development theory, research, and
policy." The world bank research observer 15, no. 2 (2000): 3-4
8
King, P., 2009. Using theory or making theory: can there be theories of housing?. Housing, Theory and
Society, 26(1), p.1
9
Sidanius, Jim, and Felicia Pratto. Social dominance: An intergroup theory of social hierarchy and oppression.
Cambridge University Press, 2001.pp.3-4
 Housing Rights6

EEA nationals also the social housing can be determined. The research has taken review of

extensive knowledge on principles and rules for rights of EEA citizens. These rights are

secure social benefits for these workers that can get equal rights for EEA nationals living in

the UK state. The state authorities impose the social benefits for the UK nationals and British

citizens. Further, by including the knowledge on the criteria of eligibility people from outside

the state can achieve housing benefits as it helps them in getting allocation scheme

institutions. The allows them to get housing assistance within the state as it impose the legal

obligations and rules in order to provide aid for homeless individuals and families under the

sections of housing Act 7. This will allows people to get housing settlement by qualifying the

criteria and fulfilling the principles that are set for housing assistance under Social Rights and

right to reside in UK.

 Housing Rights7

CHAPTER 2: LITERATURE REVIEW

Human right Act relating to housing for EEA Nationals

The rights for the housing assistance and benefits must provide to every individual.

Housing benefit and right to reside is social needs for which local authorities are obliged to

provide it to EEA workers. For seeking these rights Human Right Convention plays vital role

for housing allocation, housing benefit, homelessness services and social services for

migrants help. There are legal obligations on who is eligible for these services which are to

restrict breach of Human Rights. These rights are secured by Nationality Immigration and

Asylum Act 2002 which was established to support and accommodate group of individuals to

secure Human Rights.

Article 3 and 8

Article 3 of the Human Rights Act help to judge and assess grounds to stay in UK.

The Asylum system is dealt under this article for treat degrading. For these nationals HMA

(Human Right Act) substantially work to provide social services and assistance to

accommodate and making arrangement by Asylum support system. Case of R (M) v Islington

LBC10 is an example to seek judgment under Article 8 that secure Right to family life, the

consequence occurred with offer to her non-resident father and child. Housing issues in UK

for EEA nationals are assess under immigration legislation that provides service to these

individuals. Under the obligation of the legislation consequence are consider to provide

housing allocation under section 21 Care Act 2014.Human Rights Act help in considering

grounds and reasoning as housing is the most needed social need for migrants in any state.

European Convention on Human Rights

The Human Right Act 1998 provide fair decision on eligibility of applicant to

accommodate EEA workers under section 204 and 188, this is to avoid breaching of The

10
R (M) v Islington London Borough Council 2004
 Housing Rights8

Convention (European convention on Human Rights)11. In UK Human rights and social

housing benefit secure for these migrants by legal obligation under Equality and Human

rights Commission 2009. The commission has issued guide for providing social housing

assistance and relevant provisions to ensure HRA.

Human Right Act 1998 (Providers of Social Housing)

By legal implication of Human Right Act, these individuals can seek provision of

social housing that carries functioning of legal obligation and delivery of services and Human

rights. The Human Rights at Home: Guidance for social housing providers provides practical

suggestion to how allocate housing and sustaining anti-social behaviour. HRA works to resist

illegal acts and suggest public and local authority to take action by Convention Rights12. The

Convention review specific circumstances under consideration to assess performing of HRM

for housing allocation and managing housing needs.

Relevant provision of Rights

Housing provision and social needs are secured by relevant sections under HRA. In

these concerns Article 6, 8 and 14 provide assistance to give fair judgment. Human Rights

Convention articulates that decision must be given with grounds for ensuring transparency.

Under article 8 every individual has right to have respect for private and family life also right

to get home and correspondence13. This provides protection of Human rights and national

security to migrants.

HRA (Human Right Act in practice)

Under the practice of this commission, social housing providers assess housing

subject for ensuring comply of Human Rights and dealing with housing circumstances. The

11
Kavanagh, Aileen. Constitutional Review under the UK Human Rights Act. Cambridge University Press,
2009.
12
Koser, Khalid. Irregular migration, state security and human security. GCIM, 2005.
13
Rutter, Jill, and Maria Latorre. Social housing allocation and immigrant communities. Equality and Human
Rights Commission, 2008.p.5
 Housing Rights9

commission secure absolute right for accommodation and allocation14. The implication of

legal obligation also helps in addressing measures and anti-social behaviour under Human

Right Act that secure right to reside15. Under the legislations of Human Rights Act every

person has respect for their private and family life that complements security of Housing

assistance with respect to social needs. The Act takes action to pursuit legitimate decision and

occupying balance in rights of others and Human Rights. HRA is best practice to provide

justified and fair decisions. It is the guide to identify issues and imposing regulations to

comply Human Rights.

Determining eligibility for Housing of EEA Nationals

This study is focus to find the rules to determine the eligibility for housing of EEA

nationals. The criterion is described by understanding the legal framework under the local

housing associations and authorities in UK that allocates housing benefits. Under 6 and 7 part

of the housing Act 1996, the housing authority provides the allocation and accommodation

unless the migrant fulfil the eligibility homeless application16. This helps in entailing housing

assistance under the framework of statutory concerning to the migration status of having

residence in United Kingdom17. For getting the housing assistance and benefits, the State

Secretary has set regulations for migrants to qualify prescribed class. The housing Act 1996

and its section 160ZA (1), 160ZA (2) and 185 (2) controls these migration subjects by PSIC

that allocates housing eligibility. PSIC described as person that requires leave to stay in UK.

There are number of individuals from overseas that are not subject of immigration, they are

15
Hampson, Roz. "WELFARE REFORM COMMITTEE AGENDA 20th Meeting, 2015 (Session 4) Tuesday
10 November 2015." PhD diss., The University of Edinburgh, 2015.pp.1-2
16
Morris, Lydia. "Britain's asylum and immigration regime: the shifting contours of rights." Journal of Ethnic
and Migration Studies 28, no. 3 (2002): 409-425.
17
Cullingworth, John Barry, and Vincent Nadin.Town and Country Planning in the UK. Psychology Press,
2002.p.1
 Housing Rights10

British nationals and European Economic Area (EEA) nationals who have been living

abroad. If these individuals have right to reside in the state which is obtain from EC law then

EEA nationals would not require leave to stay of enter in the UK18.

For creating the eligibility criteria for housing rights and benefits of EEA nationals,

the existence and the right to reside in the UK is the main argument. In this regard on 17 May

2012 Grant Shapps (the Housing Minister) concise his views on the matter that who are the

foreign nationals that are eligible for application of housing benefits with respect to the

parliamentary decision. On the case of Patmalniece which is related to the right to reside test

the judgment handed by the Supreme Court19. On the basis of nationality, the test was

prejudiced which was given held by court for right to reside, in this case as a comparable

response the discrimination was justified to the appropriate aim was to protect the public

reward. Whereas, concerning to the judgement the European Commission summarized that

test was contrary to the EU law and discriminatory20. The Commission of UK also gave time

of two months on 26 April 2012 to relate the rules with EU laws on the free movement of EU

nationals. The concluding remarks of Grant Shapps statements based on following key point.

18
Gray, Paddy, Michaela Keenan, Ursula McAnulty, Anna Clarke, Sarah Monk, and Connie Tang."Research to
inform a fundamental review of social housing allocations policy." (2013).pp.8-9
19
Wilcox, Steve, and John Perry.UK housing review. Joseph Rowntree Foundation, 2002.pp.3-4
20
Robinson, David. "New immigrants and migrants in social housing in Britain: discursive themes and lived
realities." Policy & Politics 38, no. 1 (2010): pp. 9-10
 Housing Rights11

Regulation 4 (1)

In the law the regulation 4(1) although these housing issues are not subject of

immigration but they have set number of applicants that are not consider as eligible for

housing rights and allocation. Following are the key points:

 The person who is not resident habitually in Channel Islands, the isle of man or the

republic of Ireland or in United kingdom.

 The status as a jobseeker, the member or family of the person will determine the right

to reside in the UK.

 Under the Regulation 13 of the EEA regulations, the person who has only right to

reside for a period not exceeding three months is the initial right.

 The parent of citizen of UK or the child will have the right to reside or housing in UK.

The regulation provides the right to the persons who are the carers/sole carers of the

UK citizen and are not the EEA nationals, where he/she will have leave to enter or

stay in UK.

 Under the 15(4A) regulation for EEA regulations that provides the person will have

right to reside by the amendments made in 2012 8 November21.

21
Rosenberg, Jonathan. "Social housing, community empowerment and well-being: part one-empowerment
practice in social housing." Housing, Care and Support 14, no. 4 (2011): p.113
 Housing Rights12

The test for habitual residence applies by these points of the regulations. However, all the

EEA nationals are released by imply of regulation 4(2) for determining ineligibility for those

who apply for right to reside:

 A person who is jobseeker, searching for job or work, have no experience of working

in the UK.

 Person who has right to reside for three month and granted to EEA national.

 Living a parent of citizen of UK under 15 (4A) regulations for EEA nationals.

 Those who have applied before this regulation were eligible.

Regulation 4(2)

This regulation establishes exclusion to Regulation 4(1). The aim is to explain the

eligibility under certain categories for the housing rights and allocation of having right to

reside and leave for habitual residence in UK. The key points of this regulation as are

follows:

 EEA nationals that are working somewhere

 Self-employed EEA nationals

 Individuals that are from Croatia working during the first twelve months for

employment in the authorisation scheme.

 Person who is the member of family of groups.

The person will have a permanent housing right to resident in the UK if they are:

 A person who has ceased the economic activities and does not working or self-

employed. This can be issue if the person reaches the retirement on working

somewhere or takes retirement before the time and living in UK for three years or

more than this and economically stable or active for 12 months.

 Housing Rights13

 The person who is in the UK and faced departure, expel or detached from country by

compulsion to UK.

Regulation 5 & 6

These regulations also define the eligibility criteria for housing assistance by

imposing the rules under 3 and 4 regulations. However, class E for the applicants was added

that is the matter of immigration control. This addition helps in covering the distinct sorts of

asylum seeker under class E that created the application on 3 April 2000 for those who were

willing to get the decision. In this class there may be no people left whereas in Class F for the

housing eligibility regulations are working for allocation and assistance in homelessness22.

The EEA nationals who have leave for limited period or the one who is habitual resident in

the UK by the Afghan resettlement programme. In this regard we can take the example of a

British Woman living with his husband who is an overseas student along with his nine-year

old son who is her stepson23. The person who has ineligibility will consider as restricted

person and for those people there are certain processes that help them in dealing with the

matter when their application is made and they affect other:

 The application by these individuals for the housing rights and allocation cannot

achieve any reason for homelessness assistance but he can get the reasonable priority

provided for any other reasons. These reasons could be related to social or medical

conditions like insanity of other mental or physical concerns etc.

 The local authority in this concern will seek practical evidence for bringing the

obligation on these case circumstances for providing accommodation or private rented

22
Stephens, Mark, Suzanne Fitzpatrick, MarjaElsinga, Guido van Steen, and YekaterinaChzhen. Study on
housing exclusion: welfare policies, housing provision and labour markets. European Commission/University of
York, 2010.p.44
23
Puttick, Keith. "Paying their Way? Contesting ‘Residence’, Self-sufficiency and Economic Inactivity Barriers
to EEA Nationals’ Social Benefits: Proportionality and Discrimination." Journal of Immigration, Asylum and
Nationality Law 25, no. 3 (2011): 280
 Housing Rights14

housing. However, this is unrestricted and the authority may provide housing

assistance, this can deal by lining and publishing the allocation policy.

 On the explanation of the application on their decision, the local authority should

serve a notice to:

 Include the name of the person who is restricted.

 Informing the person who is the applicant on decision by reaching on base.

 Informing reason as why the person is restricted

 Explaining effect on the case circumstances by section 194 (7AD) or section

195(4A)24

The rules and principles under the Housing Act 2014 sec. 63 may apply in these

circumstances. For allocation of the housing and homelessness eligibility section 179 (1) and

183 (3) under Regulations 2014 can affect the authorisation of Housing Rights. The law for

Housing Eligibility and Rights people can concern to their websites and their need would be

in priority by having member of family who is pregnant or having dependent child25. The

judgement proposed by the Court of Appeal that Article 14 was incompatible with section

185 (4) of the European Convention on Human Rights under the prohibition of the

discrimination26. Later on, during the channel through Parliament to assess this declaration of

inconsistency in the UK, the Labour Government listed changes in the Housing and

Regeneration Act 200827. These changes in the Act have not established in field on high level

but for formerly member of the family who is ineligible with respect to the housing

24
Robinson, David. "New immigrants and migrants in social housing in Britain: discursive themes and lived
realities." Policy & Politics 38, no. 1 (2010): pp. 9-10
25
Rutter, Jill, and Maria Latorre.Social housing allocation and immigrant communities. Equality and Human
Rights Commission, 2008.pp.16-17
26
Dwyer, Peter, Hannah Lewis, Lisa Scullion, and Louise Waite."Forced labour and UK immigration policy:
status matters." York: Joseph Rowntree Foundation (2011).p.25
27
Tamas, Kristof, and Rainer Münz. Labour migrants unbound?: EU enlargement, transitional measures and
labour market effects. Stockholm: Institute for futures studies, 2006.pp.20-21
 Housing Rights15

legislatives. During explaining the effect of these amendments Minister Lain Wright

summarized that:

‘The issue is complex to help homeless British National whose family includes the

members possessing distinct immigration matter and they must be provided with housing

assistance. The changes will help in providing assurance in the future on the housing and

related concerns and circumstances, and provides suitable housing benefit in terms of

accommodation. It will also help to endure the assurance for the individuals from overseas

that does not claim on public resources in the UK that may not converse long term

entitlement or social housing rights. Therefore, in this position the entitlement of the social

housing families is to provide apt private rented place not a housing tenancy.

Ineligible criteria for EEA nationals with reference to Housing Rights in UK

In order to determine the ineligibility, the government has sets out the criteria for the

EEA nationals with reference to the Housing Rights in United Kingdom. The State Secretary

has approved some people from overseas and are not the subject of immigration control and

they are consider as ineligible for living entering or staying in UK along with housing rights.
 Housing Rights16

These rights are entitled by Housing Act 1996 under section 160z (A) (5) and 185 (3) (as

amended). These Nationals can get The Allocation of Housing and Homelessness Regulation

2006 for determining eligibility. Luba QC on 7 Jan explained functioning for providing

housing rights:

‘To restrain assistance in homelessness for having the legal resident in the UK must

be the person who is habitual residence and EEA nationals that practices the Rights of

Treaty.

The EEA national will consider as excluded or will not consider for housing assistance. If the

people fall into these categories which are as follows:

 The nationals who do not have habitual resident in (CTA) common travel area till the

time they are working or possess self-employment or person who is the family

members of EEA nationals.

 The national who has legal right to reside in the UK. It may be derived or determined

by their status of worker or jobseeker or family member.

 Since 2012 8 November they will have legal right to reside for period that may not

exceed three months by the Regulation of EEA Regulations.

 The individual who has right to reside in the CTA has equal rights for housing which

is derived by the Treaty that established the European Community28.

There is no right for the ‘Zambrano Carers’ for having residence and thus in the UK they

cannot have the habitual residence for aim to claim on housing benefits and right to reside29.

The person who has applied for the eligibility of housing assistance may get information and

28
Graddy, Kathryn Jo, and ChanontBanternghansa. The impact of the droit de suite in the UK: An empirical
analysis. Centre for Economic Policy Research, 2009.p.7
29
Gott, Ceri, and Karl Johnston. The migrant population in the UK: fiscal effects. London: Home Office,
2002.pp.8-9
 Housing Rights17

guidance for protecting the homeless and homelessness by the local authority free of

charge30.

Gerardo Ruiz Zambrano v Office national de l’emploi

For understanding the effect of amendment in the Housing Allocation and

Homelessness Law and Practice this case can be a good example. The case consequcne

regard to the Habitual residence which is not defined in legislatives31. The Regulation defined

by Immigration EEA regulation 2006 that gave effect to the court of Justice of the European

Union in Gerardo Ruiz Zambrano v Office national de l’emploi. Thus, part 7 of the Housing

Act 1996 promote homelessness provisions as defined by section 189 of the 1996 Act but that

applicant must qualify criteria for assistance32.

EEA migrants jump the social housing queue

Between April 2014 and March 2015 a large number of individuals of lettings around

91% have been made to UK Nationals33. This has been stated by the official statistics on

social housing lettings in England. On the access on social benefits concerning to housing,

this research has found evidence that people are now likely towards non-UK citizens that are

residing in the rented sector which are private.

30
Wilson, Wendy. "EU migrants: entitlement to housing assistance (England)." House of Commons Library
Standard Note (2010). pp.2-4
31
Case Note - Case C-34/09, Gerardo Ruiz Zambrano v. Office national de l'emploi
32
Kennedy, Steven. "People from abroad: what benefits can they claim?." SN06847 About the Library
(2014).pp.7-8
33
Dustmann, Christian, and TommasoFrattini."The fiscal effects of immigration to the UK." The economic
journal 124, no. 580 (2014): 5-6
 Housing Rights18

At the University of Oxford, In September 2015 the Migration Observatory published

the recently updated information in ‘Migrants and Housing in the UK: Experiences and

Impacts’. In this paper they highlighted and included the following key points:

 As compared to the UK born who are 68% are higher than the foreign born population

that possess lower ownership rates, in the first quarter of 2015 among them 43% were

home owners.

 Almost three times likelihood to be in the rented private sector the foreign born

population, as compared to the UK born who were 14%, in the first quarter of 2015

39% of them were in this sector.

 The foreign born and the UK born population are residing in London tend to possess

lower rates of home ownership and higher rates likely for being on the social housing

sector and rental sector comparative to the rest of UK34.

34
Hohmann, Jessie M. "The Right to Housing: Law, Concepts, Possibilities-Introduction." Jessie Hohmann,'The
Right to Housing: Law, Concepts, Possibilities'(Hart Publishing, 2013) (2013).
 Housing Rights19

 Migrants who have entered recently are almost twice likelihood to be rented that is

those who have been living in UK for five years or less, in the first quarter of 2015

74% were in the private rental sector as compared to the other migrants.

 The migrants tend to have accommodation likely to the UK born population who have

been living in UK for longer.

 During the first quarter of 2015, around 17% of UK born population and foreign born

population around 18% were residing in the social housing35. Foreign born individuals

and UK born have likewise participation levels in social housing36.

These points help in understanding evidence of migrants jump to the queue for social

housing benefits. In 2015 21 May on immigration Prime minister Speech articulated referring

to govern the issue of social housing37. The matter articulated by publicity of Margaret Hodge

and then and article also wrote by the Minister at the Department for Trade and Industry for

observer Newspaper. She emphasized on some point like there is a need to make priority the

needs of members of migrant’s family likewise of others. The family entered in the state with

four to five children living in private rented place in which children suffering from disease

will habitually get preference over the family with needs and living in a better area for longer

time. By evidence of research she articulates on the policies to be more legitimate and

emphasize on entitling indigenous family prevails the need validated by the new immigrants.

The head of the international and UK policy at the Refugee Council, Nancy Kelly promptly

articulated by highlighting that seekers of asylum are not enabled for housing council, the

migrant states that he had limited access on public resources and housing assistance. From

the effect of remarks given by Margaret Hodge Remarks, a number of MPs moved to

35
Rahilly, Simon. "Housing for the homeless and immigration control: The provisions of the Housing Act 1996
and the Asylum and Immigration Act 1996." The Journal of Social Welfare & Family Law 20, no. 3 (1998): 237

37
Scullion, L. C., and G. J. Morris."Exploring the housing needs of migrant workers in Harlow and Broxbourne:
Final report." (2011).p.66
 Housing Rights20

distance. The equality and Human Rights Commission (EHRC) in aggregating with LGA

(Local Government Association) suggested in response that migrants had access in

preferential for social housing. They ordered IPPR (the institute for Public Policy Research

for observing the facts and evidences38.

In 2007, the research was launched that include these three interrogations:

 Do some groups have unfair social housing access?

 Who are entitled by social housing?

 Who are receiving social housing?

Findings of IPPR intervening

In April 2008, the IPPR intervening summarizing and findings were published which

are as follows:

 Up to 2008, new migrants to the UK over last five years made to 3% compared to

total population in UK however they were less than 2% compared to the total

population in social housing.

 In social housing, 90% of the population were UK born.

 Specifically from the new European Union member states like Poland, most of new

migrants to UK over five years up to 2008 were ineligible for claiming social housing

entitlement.

 In the research of any abuse to the system like queue jumping there was no evidence

to the impairment of any particular group including white families.

 The comparative figure for UK born residence was around 17%, 11% of the new

migrants had been allocated in social housing, and for all the UK resident who were

foreign born were around 18%. This indicated that although some of the migrants had

38
Hampson, Roz. "WELFARE REFORM COMMITTEE AGENDA 20th Meeting, 2015 (Session 4) Tuesday 10
November 2015." PhD diss., The University of Edinburgh, 2015.pp.1-2
 Housing Rights21

facilitated by social housing. Unless they had been settled for many years and

becoming British citizens they were more likely to do so, and they were not likely to

benefit compared to rest of the residents39.

 Over the five years up to 2008, more than 60% of the new migrants to the UK were

allocated for housing in the private rented place.

 A survey by the housing manager of LGA observed that among two of three

articulated on shortage of housing benefit in their sector due to high price of house

and 6% defined the reason of new migration for this shortage.

 From the fact that most of the private rented housing which are home of newly

entered immigrants is former stock in social housing, this created the perspective that

migrants displace applicants of UK born social housing. Despite of being in the

private sector, local residents may suppose that these are owned by the council.

Social Housing Allocation and Immigrant Communities Research

The research ‘Social Housing Allocation and Immigrant Communities’ further published

facts in July 2009. This research includes the analysing on the social housing allocation

policies that provides the evidence on foreign migrants housing allocation favours over UK

nationals40. However, evidence were in small amount that recommends that these individuals

mat involuntary discriminate the ethnic communities that lie in minorities, they may have

lack of consideration compared to white populations having housing rights and allocation41.

39
Hartman, Matt. "Book review: The right to housing: laws, concepts, possibilities." LSE Review of Books
(2013).p.159
40
Somerville, Will. Immigration under new labour. Policy Press, 2007.pp.3-4 book
41
Young, Margot. "Charter Eviction: Litigating Out of House and Home." JL & Soc. Pol'y 24 (2015): i.p.48-49
 Housing Rights22

Joseph Rowntree foundation observation

On the Housing and Migration Network, The (JRF) Joseph Rown-tree foundation

identified facts related to the migrants as part of his work and includes the following key

points:

 Often the new migrants stay in the least desirable housing in UK housing market and

frequently in deprived areas or where the housing demand is very low.

 The expansion of the European Union (EU) has increase by the result of these migration

also more migrants have been in housing seek in the rural area42. In these area tourism

and industries and where employment in agriculture has been available for them.

 On the housing option and employment these individuals are often dependable for

private rented sector as area where they are living may have insecure or poor

environment.

 The shortage of high demand for the affordable housing has been overlapping with the

increased migration to the UK.

 High ratio of population, inapt housing, competition in housing have a negative effect

on the local level relations among distinct groups and specifically in areas that are not

used to obtain amends.

 On the entire groups of individuals like asylum seekers and migrants from the EU

accession countries are highly debated, possess negative discussion about migration and

have facing discrimination43. However, the debates on these people are not evident and

42
Robinson, David Robinson David. "European Union European Union Accession State Accession State
Accession State Migrants in Social Migrants in Social Housing in England in England in England." People,
Place & Policy Online 1, no. 3 (2007): p.99
43
Richmond, Anthony H. "Citizenship, naturalization, and asylum: the case of Britain." Refuge: Canada's
Journal on Refugees 22, no. 2 (2005).pp.63-64
 Housing Rights23

there is lacking of knowledge about their housing, economic, status, rights, migration

and other circumstances44.

New rules to stop migrants claiming Housing Benefit in UK

There are new rules that have been set to stop migrants claiming Housing benefits in

UK which are as follows:

 From April 2014, new migrants from the EEA may no longer be able for getting the

Housing Benefits.

 Pensions secretary work lain Duncan Smith who has declared on January 20 2014 that

new migrants from EEA may no longer be able to get the Housing benefits from April.

 As part of the Britain’s Long-term economic plan and ministers need to assure fair system

for hard-working payers of tax and government has resolute to cap welfare and less

immigration.

 If the migrants from EEA are claiming income-based Allowance of Jobseeker (JSA) then

they may no longer be able to access Housing benefits from April.

 The EEA migrants may not claim income-based Jobseeker Allowance unless the person

has been in the state for three months which is new rules established in January.

Lain Duncan Smith (work and Pensions secretary) articulation

 For the people that desire to work hard under the rules as part of long-term economic plan

by government said that they have taken step to ensure economy delivers.

 The regime will ensure fair system for willing person by providing support but this will

not allow them to stay in country and take benefit of new benefit system.

44
Woodbridge, Jo. Sizing the unauthorised (illegal) migrant population in the United Kingdom in 2001.
London: Home Office, 2005.pp.1-2
 Housing Rights24

 These migrants must contribute to state and should not drain by appealing benefit system

as British public is concerned45.

 The EEA migrants must rightly concern for their work or self-employment as the HB

amendments do not affect Irish Republic and UK citizens. The migrants that have been

made redundant claim JSA and working in UK may not be impacted by this issue.

 A series of reforms have put in term to make ensure needs for migrants that are living in

state can do acts for finding work as part of economic plan for getting off benefits in

work46.

Recently introduced measures:

 Prior they may get income-based JSA the EEA migrants may have to wait for three

months from 1 January. The plan makes clear assurance that people who have

commitment to contribute in UK economy may have access to system of welfare.

 If the migrant desires to claim income-based JSA then after three months they will

have get vigorous Habitual Resident test47.

 EEA migrants will then be able to take JSA for six months if the person passes

Habitual Residence Test and after this period only those will be able claim if they had

any offer with evidence on having a genuine chance of work or employment.

 The Ministers of state are certain for fixing welfare system for assurance of people to

get benefits and security of work. As part of this plan the regime will establish reforms

for immigration and welfare to help in competitive and secure future along with better

economy in Britain48.

45
Anderson, Bridget. "Migration, immigration controls and the fashioning of precarious workers." Work,
employment & society 24, no. 2 (2010): 300
46
Spicker, Paul. How social security works: An introduction to benefits in Britain. Policy Press, 2011.p.45
47
Kennedy, Steven. "The habitual residence test." Standard notes (2011): 5-6
48
Currie, Janet. The take up of social benefits.No. w10488. National Bureau of Economic Research, 2004.pp.3-
4
Housing Rights25
 Housing Rights26

CHAPTER 03: METHODOLOGY

Research Methodology

The study has included the secondary method for taking insight in the Housing Rights

for the EEA nationals in UK. The qualitative approach has been used for taking diverse

knowledge and understanding the rules and rights that the government has set for these

people. This method has helped us in gaining widespread information about the laws and

legislatives that have been set by the government of UK. In order to get the validity on the

data we have taken information by visiting legal websites and forum of the Government.

Further, we have included the knowledge which is gained by distinct articles, newspaper,

reports and other search engine for extensive knowledge for understanding the rights for EEA

nationals. As the research has focuses on the housing assistance and rights we have taken

insight in rules and obligations that have been made for these individuals by looking into past

researches. These researches have helped in providing governmental laws that help in

regulating social housing benefits and rights.

This diverse approach is effective for describing governmental laws and obligations

that hold the right to reside of EEA migrants living in the UK. The study has taken

information by designing apt research design for establishing circumstances under which

these Individuals are consider as eligible so that we can understand the determining criteria.

In order to get the in-depth knowledge we have chosen qualitative approach for the aim to get

extensive knowledge under the context of UK laws and rules for social housing. The

qualitative research aims to seek and present plausible understanding by generalisations and

findings of research49. The secondary method is used for taking a wider and broad view on

the subject. It helped us in reaching social housing assistance for taking findings and

literature of past research and news articles that provides key information on EEA right to

49
Heaton, Janet. "Secondary analysis of qualitative data: An overview." Historical Social
Research/HistorischeSozialforschung (2008): 33-34
 Housing Rights27

reside in UK. In addition, research and official websites have helped to find the laws that are

implied to hold the rights of immigrants from Abroad. The research has further included the

regulations under which the government control the immigration and social security

concerns. The review of the regulations has helped us in meeting the research objectives,

aims and questions. These methods have resulted in getting the guidance on housing benefits

and rights.

Research design

As the aim of the research is to explore the understanding of the Housing Benefits for

the worker of EU that are living or applied to reside in the UK, we have taken information of

reforms, principles, regulations and laws that governs the rights for EEA nationals. The

research aimed to assess the housing concerns regarding to their benefits of having legal

accommodation and apt right to reside within the State. The objectives were achieved by

using qualitative approach for strengthening the strategies regarding to control the

immigration issues and providing apt opportunities to the EEA national living in UK. By this

strategies the rules and regulations have been understand by traditional method and research

approach for the aim to collect extensive and widespread knowledge. These methods have

helped in assessing undertaken by review of private rented sector and number of claimants of

housing rights and issue of homelessness. By these methods and approaches the Nationals

from EEA (European Economic Area) would be able to get the rights of housing while living

in the UK by keeping the criteria of eligibility. The rights to access housing benefits in UK

may depend on the record of work in that state and by determining as whether the person is

currently working somewhere, depending on the working hours, pay, retirement and whether

person have worked but currently unemployed. This is due to review the matter of housing as

from 2016 February, the applications for tenancies are the subject of right to rent if the person
 Housing Rights28

is an EEA national and there would be a need to prove the nationality. In order to get the

social benefits and specifically concerning to housing rights there are certain details that are

required to prove the EEA nationality. For which we have included the laws and principles.

Data collection

For the purpose of the study the data was gathered by using qualitative methods along

with external sources that are used to make the assessment and for collection of valid and

reliable information on Housing Rights. Including the literature of relevant past research and

journals, we have also used internet modes and distinct search engines50. These sources have

helped us in better understanding of housing guidance for the people from Abroad. Secondary

data collection method has helped us in collection of diverse data and illustration of journals,

reports, newspapers and other viable and relevant sources for taking evidence and key aspects

related to HB in UK for EEA national workers. For covering knowledge on social housing

rights past literature has been reviewed. Thus, the research has included the Allocation and

Housing Policies in UK, Housing tenure of immigrant’s communities and to find the

determining criteria for eligibility for housing. For comprehensive information we have taken

insight in the private rented housing rates and policies that govern these issues as the shortage

of housing in UK is constantly increasing. The research is carried out by using secondary

approaches and view of official sites and Regulations that hold Rights of EEA nationals. The

data in this research is descriptive that can be used for understanding the housing Rights and

benefits of foreign citizens who are the applicant for right to reside in UK. It involves the

secondary research that summarize the collection of existing information and research for

synthesis of the subject.

50
1. Kothari, Chakravanti Rajagopalachari. Research methodology: Methods and techniques. New Age
International, 2004.pp.3-4
 Housing Rights29

Qualitative and Secondary data Collection Method

The purpose of using this method is to view distinct data sources and better analysing

and interpretation of the understanding. The secondary method has been widely used in legal

and other research. The principle of this method is to get systematic review and effective

analysis and discussion. The review will help immigrants to get key information on Housing

Benefits and Rights while working in UK by review of laws that are developed recently. This

method is uses in the form of research reports and publications. In the legal research context

the research included data collected by distinct external sources. The method is required for

determining the informed research design and obtaining research aims. The research has

included viable and reliable sources to complete the listing and annotation. It includes the

valid information taken by valid contents of magazine, reports, government statistics and past

literature. This provides the best overview of the housing rights and trends within EEA

nationals as particularly the research focuses on shortcomings of sources of housing data. The

observation of literature has helped in understanding the reason of homelessness and policies

that governs these measures51. By collection of diverse knowledge this will help in housing

concerns in local authorities as many overseas born populations have been applied to reside

in UK and claiming on housing benefits.

We have reviewed the national data for complete information about the ratio of these

people that improves the understanding of the housing rights of EEA nationals. The research

comprised the review of current policies by looking at the new established social housing

policies in UK for migrants. For this socio-economic data for UK has been included for

effective analysis of eligibility rules and principles that entitled them for seeking social

housing. It has comprised the allocation of social housing by outlining the Housing Acts and

legislations. In this regards we have used qualitative and secondary method data collection

51
Kothari, Chakravanti Rajagopalachari. Research methodology: Methods and techniques. New Age
International, 2004.pp.3-4
 Housing Rights30

for review issue of homelessness for EEA nationals that are working in UK and want legal

accommodation. These methods have resulted effectively in understanding the obligations in

UK regime that controls the homeless and security of resident issue. In such a way we have

reviewed the local authorities that govern the distinction among migrants and UK citizens

relative to Social Housing52. It has been noticed by review of past studies that increase ratio

of immigration status has been affecting Housing entitlement and Social Housing for

migrants that are seeking for Housing settlement. Thus, we suggest ensuring rights for

European Economic Area worker to get right to stay in UK. Further, the method provides

evidence that most migrants, asylum seekers and worker have no entitlement of Housing

Allocation. The facts showed that UK born population are preferable getting more benefits

comparably to EEA worker as there is a differential patterns in Social Housing among the

Foreign born and UK born population.

Literature Search Strategy

The research has designed the strategy of using distinct methods and techniques for

reliable and expected outcomes. The method of qualitative approach was gathered to get

better conduct of the research. In this research secondary research was conducted for

effective insight in Housing Right for EEA worker in the UK. This strategy helps in

achieving purpose and aims of the study. In this research the details are based on reviewing

UK regulations and laws for their Housing assistance. This strategy is used for the research

because researcher could not take risk on viability and achieving variables in order to get

better development of knowledge on UK housing laws for immigrants. This is employed for

achieving research objectives. In order to get viable research outcomes qualitative research

52
Heaton, Janet. "Secondary analysis of qualitative data: An overview." Historical Social
Research/HistorischeSozialforschung (2008): 33-34
 Housing Rights31

has helped in clear understanding of UK legislatives concerning to Social Housing Benefits

and assistance.
 Housing Rights32

CHAPTER 4: DISCUSSION AND ANALYSIS

All EEA Nationals may have the right to get accommodation from the housing

association. However, EEA national would not be entitled with housing benefits unless the

person qualifies the eligibility criteria. If EEA national have worked anywhere in the past or

present, then he may have right to get allocation for housing by the council. For homeless and

to claim housing benefit there would be a need to prove that the person is a worker, self-

employed, former worker who has taken retirement or treated as a worker while unable to

work or out of work. The EEA national will not be able to have right to allocation of housing

if the person have not yet found work and in this case he may be entitled to housing benefits.

There is a set standard of UK law that governs the law and housing rights for EEA migrants

that can access social housing benefits53.

The Allocation of social housing has also reviewed for Housing benefits that must be

provided to EEA nationals. Foreign nationals will consider as eligible for housing allocation

in concerning to the European Economic Area Nationals if: a person has relevant right to

reside in the UK, if the person is working, self-employed, permanent right to get residence in

the state which is valid after living legal residence in the UK then these social housing of

foreign nationals will be granted with leave and choice of public funds to stay or enter in UK.

According to the local authority’s allocation scheme, after determining the eligibility criteria

they can have the housing rights, benefits and needs like other applicants. Subsequent to case

in the EU court on account of housing concerns in EU, the EU commission gave two months

to UK to relate rules for free movement of EU nationals. The request of the commission

receives the reasoned opinion form in the third step of EU process for infringement.

2004/38/EC this is the free movement directive that works for EU nationals. It aims to protect

their rights to provide full liberty in European Union regarding traveling, working and living.

53
Dell'Olio, F., 2004. Immigration and immigrant policy in Italy and the UK: is housing policy a barrier to a
common approach towards immigration in the EU?. Journal of ethnic and migration studies, 30(1), pp.107-128.
 Housing Rights33

In the court of Justice of EU, the commission may refer states that do not fulfil the rights and

obligations. In the consultation paper 05972 EEA nationals this matter is discussed in detail

concerning to the right to reside and housing benefits.

Welsh Regulations

Evidently, the Welsh Regulations are now similar with statues in England. The

housing matters are deal under the allocation of housing and homelessness (eligibility) for

EEA regulations of 2014, 2603 SI (W.257). The housing applications are govern under these

regulations that were established on 20104 31 October for assistance and allocation of social

housing rights and benefits. The application must be evolved under the prior Regulations that

governed the eligibility for housing, if in case of application that made for homelessness

before 31 October. These Regulations resolves matter for citizens of Turkey or Macedonia

and EEA citizens if the provided evidence on having rights to reside in UK. In the Housing

Act 1996 some amendments were made in 2009 on 2nd March that came into being by the

Housing and the Regeneration Act 2008 Schedule 15. The effect established two sorts of

families. In English and Wales it implied. It possesses Part 7 of 1996 The Housing Act for

England and Part 2 for Wales under the Housing Act 2014.

In the part 1, the person or the applicant that subject or face issue of immigration

control and possess eligibility due to falling in one of the classes of people. They will

consider as eligible under the 5 Regulation of the Allocation of Housing and Homelessness

Regulations 2006 or under Allocation of Housing and Homelessness of the Regulation 2014.

The person will not be considered by the local authority for housing if in case of having

uncertainty of whether the person have homelessness or he/she has another need which is in

priority, if the member of the applicant’s family does not possess eligibility. These

circumstances can arise when the member of their family either child or anyone are not
 Housing Rights34

eligible to apply. In this case the applicant because of the presence of dependent child will

not possess need in priority under the 1996 Housing Act sec. 185(4) and (5), Para 1(5) and

(6) under Housing Act 2014 Schedule 2.

CEP (Centre for Economic Performance) access

In June 2012, A UK guide to issues and solutions published by CIH with respect to

the Migration network on housing and migration. This concludes that there is a need to

provide housing guide to comprehend the effect of migration in localities, this was

emphasized for their assistance to provide management for the promotion and integration. In

2014 April, at the (LSE) the London School of Economic, CEP (Centre for Economic

Performance) published the access to UK social housing and assistance in immigration. The

key point by CEP recognised that in UK the existence into social housing and immigration is

in small amount. They further articulated that this matter is wide-ranging with respect to the

data which is utilized. The model for the household probability of being in social housing has

also been estimated by the 2nd session of the study by using the survey in UK labour force. In

this matter the report by the EHRC proposed on needs to be regulated for changing the

perspectives of people around the social housing and allocation.

Further, CIH on behalf of LGA 2008 points concluded their deliberation that ‘by

accession states there is evidently the restricted use of social housing and allocation’.

Commonly in the specific area there is a small amount of numbers concentrated and arriving

in system of social housing. This was approved by observing the demands for social housing

that ‘by the accession state (A8) citizens can increase if in case of these people decided for a

long term to live in England’. It has also been noticed by section of this report that up to 2011

1 May, that people when completed working time for 12 months constantly then they may be

consider as eligible for social housing application. In 2008 study by CIH identified the facts
 Housing Rights35

that increasing accession state national are in small number, these citizens were being

acknowledged as homeless in statutes by local authorities under The Housing Act 1996 Part

7.

Government Action to limit Access

These nationals can get more guidance as for local authorities the 2010 Coalition

Government proposed additional statutory. In 2013 December this provides guide local

people for social housing. Their aim is to guide them on housing concerns and taking benefits

by flexibilities that are included in the allocation legislatives. This will further assist them in

meeting needs in local communities and residents. To those who have lived in local area for

two years are probable to limit access to their stock of housing in the guidance for local

authorities. In 2016 The White Paper was published in February by negotiating with Prime

Minister arranges settlement. This paper discusses statutory guide on the matter of social

housing access that will be changed for extending prerequisite of residence for four years. The

matter is certainly complex concerning to the rules for eligibility on housing guidance with

respect to people from abroad.

For getting the housing assistance, the constituent is taking guidance particularly on

the eligibility and for this they must get the professional advice and legal assistance. In the

section 9 and annexes 11-13 in the Homelessness Code of Guidance for Local Authorities,

they can get the guide54. Additional guidance in present in annexes 2-4 of Allocation of

Accommodation Guidance for Local Housing Authorities in England 2012. BME National

and CIH (Chartered Institute of Housing running Housing Rights are the websites where

more assistance in this regard can be obtained. These websites has purpose of providing

answer to people that concerns for housing eligibility and solving queries of new migrants.

54
Macdonald, I.A. and Blake, N.J., 1995. Immigration law and practice in the United Kingdom. Lexis Pub.
 Housing Rights36

EEA nationals are pledged to get key information concerning to find Housing Rights under

legal Regulations that came into being in 2014.

The legislations and guidance

There are some established legislations and guidance for the applicants of social

housing in UK. The government provides them benefit of housing under certain conditions

and after qualifying the eligibility criteria after which these individual can get aid in state of

being homeless in UK. Those applicants can find assistance in housing under The Housing

Act 1996 and part 7 amended by 2002 for homelessness, Homeless Guidance and Codes,

1996, 1988, 1985 Housing Act, 1977 Protection from Eviction, Act of Family Law, 1989

Children’s Act, Asylum Act and Immigration. For Guidance in homelessness code for Local

Authorities 2006 July are suggested that these applicant may use in meeting the needs under

Accommodation and Allocation: Assistance for Local Authorities, The Allocation of Housing

and Homelessness (Eligibility) Regulation 2006, Case laws, Mental Health Act, Human

Rights & Act, 2013-2016 East Cambridgeshire District Council Homelessness policies and

2011 Localism Act. There is a combination of statutes and laws concerning to the Housing

benefits and eligibility of migrants55.

These statuaries can understand under Asylum and Immigration Act 1999 and

Regulation 2006. Evidently, EEA migrants have jump to the queue to accessing housing

benefits quickly. If the migrants have a relevant right to get reside then he/she would be

eligible for applying for housing. For instance, if the EEA national is working, self-employed

then he may possess right of residence in the UK. In this way people from abroad may also

qualify eligibility in lien with housing allocation scheme authority. The rules to get the

housing benefits and assistance with relation to the eligibility are complex. But constitutes

55
Kvist, J., 2004. Does EU enlargement start a race to the bottom? Strategic interaction among EU member
states in social policy. Journal of European Social Policy, 14(3), pp.301-318.
 Housing Rights37

helps them to seek advices and professional assistance. Under the annexes 11-13 possess

guide for homelessness and code for local authorities that allows providing the

accommodation. In order to address the housing measures of immigrants new regulations

have been made in 2014 that provides seeking of housing rights. The rights of housing within

societies which lies in legal national systems also it helps in examining some of the major

significant Housing Concepts as it related to one’s identity, privacy and Rights. The research

presents contribution by defined and studies Housing and its allocation for EEA workers in

UK. It provides the exploration of Housing Rights by theoretical approach for more argument

regarding Human and Social Rights. This is because the reason of these issues is linked to

policies and rental prices that causes restricted Housing Assistance.

CTR The law on Council Tax Rebate

In the social security system it does not possess longer part. This is because all the

local councils have now set their CTR rules and policies in this concept56. There is a no such

distinction among the authorities in their local policies due to some causes. These reasons

include the authority for council to regulate their personal CTR guidelines and schemes

which are limited to the criteria that certain the needs that is how capital income and financial

needs are assessed by the person who is the applicant57. He may not have the authority of

excluding or limiting entitlement on grounds like nationality, qualifications or residence. In

this concern case of R (Winder and Others V Sandwell MBC) 2014 EWHC Admin 2617 can

review that helps in understanding perquisite for insurance for claims of national58. Social

Security Administration Act 1992 regards the immigration status and allocation of national

insurance number for the applicants of Housing Benefits. For review of Lawful right to reside

56
Terra, Ben JM, and Peter Jacob Wattèl.European tax law. Kluwer law international, 2005.p.27
57
Faist, T., 1995. Boundaries of welfare states: immigrants and social rights on the national and supranational
level. Miles, R. and Thränhardt, D.(eds), pp.177-95.
58
R(Winder) v Sandwell MBC, EHRC intervening [2014] EWHC 2617
 Housing Rights38

under UK law can understand by case of Szoma v SSWP, in this way for requirement of leave

and right to reside which in inconsistent with ECSMA/CESC can review by Yesiloz v LB

Camden59. For understanding the right to reside and entry of residence in UK is provided to

Applicant who are working or living in UK for long time and this can review by concerning

to case of Harrow LBC v Ibrahim and Secretary of State for the Home Department and

Teixeira v Lambeth LBC and Secretary of State for the Home Department60.

In this regard Olokunboro v Croydon LBC is a good example and case in which the

applicant had served his life out of UK and was the UK born citizen. The person decided to

live outside and thus could be able to get Habitual residence. Later, she applied for housing

but the court revered her request as not being the habitual residence and with the fact that she

did not have much earning and did not have valid residence. The failure of the facts was due

to the risks concerned with case consequences and income issues. If the person has lost the

habitual residence within the state then he/she may intend to settle leave the UK or should

live for a longer period of time within the country. In the condition when the person has

temporary absence and returning residents in UK then EEA national must be return to work

in other EEA state for which case of Swaddling v Chief Adjudication Officer can review61. In

these cases consequence of EEA national related to housing are included.

59
Yesiloz v LB Camden [2009] Civ 415)
60
Teixeira -v- London Borough of Lambeth and Secretary of State for the Home Department (European
Citizenship); ECJ 20 Oct 2009.
61
Swaddling v Adjudication Officer (Case C-90/97) [1999] ECR I-1075,
 Housing Rights39

CHAPTER 5: CONCLUSION & RECOMMENDATION

The research concluded key aspect related to Housing Rights, Benefits and assistance

for EEA nationals working in UK. Indeed in a housing system the policies must be apt to

address distinction among migrants and UK born nationals. It has suggested assessing and

providing welfare in Housing outcomes. There is a sound theoretical reason to suggest

improvement in Housing policies and interventions that will identify facilitation and access of

Housing Consumption. The issue may solve by assessment of social rented concerns,

controlling housing allowances, quality and cost of housing consumed, and low-dent owner

occupied housing. On the basis of existing facts and evidence it has been analysed to

establish effective Housing Policies for EEA worker in UK. The law must provide apt

Housing benefits regardless of country by raising housing standards, and by this we would

expect to rise with economic growth in UK. It is important to clear Housing concepts which

is judged by meaningful legal contents. It concludes the review of the Migration Observatory

proposed their notion on matter of Housing and Migrants in UK.

This was later updated by taking findings of the survey. In this paper they concluded

that 10% or less than this existing in England by social housing households and have foreign

citizen. For the new tenants this share increases. On the impact of the Immigration on house

prices and rents in UK there are no such evidence to prove the fact. The facts further included

that even with zero net migration, the shortage of housing in UK may continue. The report by

CEP highlighted key point that ‘immigrants are given prioritize social housing access’ they

concluded over issue of households native may get such perception. They articulated that

during the 1980s and 1990s changes to allocation rules for resolving discrimination may have

better immigrant’s access and simultaneously ethnic minorities as the whole supply of social

housing reduced. This may perhaps the cause of discrimination and perception of people over
 Housing Rights40

this matter. Perhaps they have right for making deliberation as part of the population facing

negligence in social housing assistance. However, this is certainly wrong to make these

thoughts as other immigrants may also have the negligence.

Further, it is important to interpret embedded understanding of legal framework of

Housing Regulations. On the basis of evidence it is cleared that welfare is needed for

improving Housing system in UK for foreign citizens that may affect the nature of

homelessness. Therefore, we suggested that effective imposing of Regulations and Laws is

needed to deliver better Housing allocation to migrants. The qualitative data collected for this

research is intended to get various aspects of Housing system of UK. By outlook of national

report this has been analysed that the major cause of this issue is high price and rents in social

housing in most of the areas. Similarly, we expect to affect the Housing authorisation of UK

by this broader set of social concepts and theories for this particular group of people. Further,

our investigation enabled us to find Laws that regulates the Housing system within UK by

review of literature and studies of UK law and legislatives. The research focuses on the

Housing Rights for the EEA nationals that are living and working in UK by taking paradigm

of UK laws and Regulations that governs immigration and Housing concerns. Policies and

rules are included to consider accommodation for migrants that have applied to have right to

reside and legal Housing benefits. The analysis has highlighted issue of Housing for EEA

nationals and people from Abroad that mainly faces these concerns due to high rents in

private sectors. The research has included various Principles that government imposes on

migrants to stop the claiming on Housing benefits. The study focuses on Housing Rights

under Human Rights Act for them to live legally in UK. Further, it has included eligibility

and ineligibility criteria which is need to qualify for claiming on Housing Rights and

Allocation in UK for EEA nationals by concerning to immigration rules.

 Housing Rights41

The findings of the research will positively affect legal contexts as we suggest

improving homelessness by implied housing system. The Regulation 2012 extended the

classifications of the ineligibility for EEA nationals and provides the Allocation and the

Housing Assistance for homeless by effect of 2012 legislations. It includes laws for benefit of

the Immigration in European Economic Area for the person who has right to resident in the

UK or in the EEA state. People from abroad who are nevertheless ineligible for assistance in

housing with respect to applications made after 2006 1 June are not the subject of

immigration control. Under these regulations may provide housing Allocation and

Homelessness. This is the matter of either EEA national or their families have right to reside

in UK will depend on certain circumstances such as their economic status of the EEA

national, either he/she is a student, worker, economically inactive or self-employed. Some

case-laws are also taken into account when making decision for EEA nationals for right to

reside in UK.
 Housing Rights42

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