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  1. 1. Housing assistance and public funds
  2. 2. Eligibility for homelessness assistance
  3. 3. Key housing duties
  4. 4. Ineligible persons
  5. 5. Local Connection
  6. 6. Mixed households in homelessness applications
  7. 7. Social housing allocation
  8. 8. Housing association tenancies
  9. 9. Duty to refer
  10. 10. Right to rent checks
  11. 11. Council tax
  12. 12. Disabled Facilities Grant

Eligibility for homelessness assistance

To be eligible for homelessness assistance in England, a person must be either:

  • a British citizen
  • an Irish citizen, or
  • a person who falls within an eligible group under homelessness legislation

A person may be eligible for homelessness assistance if they have one of the following types of leave to enter or remain in the UK:

  • indefinite leave to remain

  • refugee status or humanitarian protection
  • settled status under the EU Settlement Scheme
  • leave to remain as a victim of trafficking
  • unaccompanied asylum seeking child (UASC) leave
  • leave granted under the Ukraine Schemes
  • leave granted under the Migrant Victims of Domestic Abuse Concession
  • a Hong Kong BN(O) visa, where access to public funds has been granted
  • limited leave to remain on family or private life grounds under Article 8 of the ECHR, where access to public funds has been granted

A person who has leave to remain subject to a ‘No Recourse to Public Funds’ (NRPF) condition will not normally be eligible for homelessness assistance. For a full list of eligible groups, see regulation 5 of the Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006 and chapter 7 of the Homelessness code of guidance.

People with pre settled status

A person with pre settled status under the EU Settlement Scheme must demonstrate that they have a qualifying right to reside under EU law to be eligible for homelessness assistance. They must be either:

  • a worker or self employed person
  • a person with a permanent right of residence
  • the primary carer of a child in full time education, where the child’s other parent has or previously exercised EEA treaty rights (for example, as a worker or self employed person)

The housing eligibility rules for people with pre settled status are similar to those that apply to means tested benefits. See our webpage on benefit entitlement for people with pre-settled status and pending EUSS applications for more information.

If a person with pre settled status is found not to have a qualifying right to reside, the council must still consider the individual circumstances before making a decision that the person is ineligible. Councils must assess whether refusing assistance would compromise the person’s right to dignity, including consideration of:

  • whether the person is destitute
  • whether they are able to work
  • whether they have any income or access to support, including welfare benefits

Where eligibility is being assessed for a person with pre settled status, councils must ensure that their duties under section 188 of the Housing Act 1996 are properly engaged. This includes providing interim temporary accommodation where the person may be eligible, homeless, and in priority need. 

Establishing eligibility

When a person who is homeless or at risk of homelessness approaches a local authority for assistance, it is the responsibility of the housing authority to make enquiries to establish whether the person is eligible.

This includes considering the person’s immigration status and the rights attached to that status. Decision makers should examine the person’s eVisa, or use the Home Office View and Prove service. Where digital status is unavailable, physical immigration documents should still be considered.

If a council is unclear about a person’s immigration status, it can seek clarification from the Home Office. Councils with access to NRPF Connect or RTPF Checker can use the right to public funds checker to confirm immigration status.

Further guidance is available in chapter 7 of the Homelessness Code of Guidance. 

Interim accommodation

Under section 188 of the Housing Act 1996, a council must secure interim accommodation where a person may be:

  • homeless
  • eligible for assistance, and
  • in priority need

This duty applies while enquiries are being made. Councils should use their powers to provide emergency accommodation where necessary to prevent or relieve homelessness during the assessment period.

Further information

Detailed information about housing eligibility rules is available from:

Page updated: 23 April 2026

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