Q&As

Will England’s statutory duties in relation to housing and social care still apply to EU citizens in light of Brexit?

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Produced in partnership with Morayo Fagborun Bennet of Hardwicke Chambers
Published on LexisPSL on 04/07/2016

The following Commercial Q&A produced in partnership with Morayo Fagborun Bennet of Hardwicke Chambers provides comprehensive and up to date legal information covering:

  • Will England’s statutory duties in relation to housing and social care still apply to EU citizens in light of Brexit?

The referendum outcome is advisory; legislation will need to be introduced to repeal the European Communities Act 1972, which incorporates EU law into UK law. Legislation will also be required to ensure that Britain does not find itself outside the EU but bound by EU law already transposed into British legislation.

British exit (Brexit) from the EU cannot be achieved until the UK government invokes Article 50 of the Lisbon Treaty. The negotiation of Brexit and bilateral treaties with the EU and other countries will follow.

There are millions of EU nationals in the UK and millions of UK nationals living and working in Europe. For now, the UK continues to be a part of the EU and EU nationals eligible for housing within the meaning of section 160ZA of the Housing Act 1996 (HA 1996) (Part 6, allocation of social housing) and HA 1996, s 185 (Part 7, duty to the homeless) are owed the relevant statutory duties. In order for a person to be eligible for social housing, under HA 1996, Pts 6–7 they must be a qualifying person (HA 1996, s 160ZA(6)(a)). Similarly, under section 21 of the Care Act 2014 (CA 2014) a person is not eligible for the provision of social care if subject to immigration control within the meaning of section 115 of the Immigration and Asylum Act 1999.

Eligibility is

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