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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

Housing assistance and public funds

Immigration status is a key factor in determining eligibility for local authority housing or homelessness assistance. The Home Office sets out which types of assistance are classed as public funds for immigration purposes. Homelessness assistance and a local authority housing allocation are public funds for immigration purposes. As housing is devolved, this is administered under different legislation in England, Scotland, Wales and Northern Ireland. 

The following types of housing assistance provided by a local council or the Housing Executive (Northern Ireland) are classed as public funds for immigration purposes: 

England

  • Homelessness assistance under Part VII of the Housing Act 1996 
  • A local authority allocation of social housing such as a council or housing association tenancy) made under Part VI of the Housing Act 1996 

Scotland

Wales 

Homelessness assistance under the Housing (Wales) Act 2014 is not listed as a ‘public fund’ for immigration purposes, but a person who is subject to a NRPF condition will not be eligible for this. For more information about homelessness eligibility rules, see the Allocation of Accommodation and Homelessness: Guidance for Local Authorities (Welsh Government, November 2023).

Northern Ireland

  • Housing and homelessness provision under Part II of the Housing (Northern Ireland) Order 1981

A person who is subject to the 'No Recourse to Public Funds' (NRPF) condition, or who does not have any current immigration permission, will not be eligible for homelessness assistance or a housing allocation. 

Accommodation provided under social care legislation or any other legal powers is not a public fund for immigration purposes and can be accessed by people who have no recourse to public funds. See our information about social care support for adults with NRPF and social care support for families with NRPF.

The rest of the information in this section applies to the application of housing law and policy in England. For more detail on housing law in devolved nations, please refer to the government guidance in Scotland, Wales, and Northern Ireland.

Next Eligibility for homelessness assistance