R2R transitional protection

Hello,

would anyone out there know or point me towards if the transitional protection rules Reg 6 SS(HR)A Refs: reg 11 SS(PA) A Regs are reflected in the Allocation of Housing and Homelessness Eligibility Regs?

Regards

I’m not sure that these regulations are ubiquitous enough to be abbreviated but I assume we’re talking about the transitional protection granted under Reg 6 of the Social Security (Habitual Residence) (Amendment) Regulations 2004? This is the idea that someone who has maintained an unbroken string of claims for relevant benefits since 30 April 2004 is immune from the need to have an R2R even today.

These Regulations were passed on the 28th April 2004. On 29th April 2004, equivalent Regulations were passed in relation to housing/homelessness provision. These are the Allocation of Housing and Homelessness (Amendment) Regulations 2004. 

Regulation 4 provides transitional protection for these purposes - but they only cover applications for allocations or housing assistance which were made on or before 30 April 2004. It’s probably quite unlikely that this would be relevant to anybody today.

I’m assuming you were looking at an argument along the lines of “X has been getting Income Support since 30 April 2004, therefore he is exempt from the RTR test for the purposes of his application for social housing”? - I don’t think that there’s room to run something like that.

Hopefully that helps?

Yes thank you that’s useful to know.