Section 199: Local connection., Housing Act 1996

A person has a local connection with the district of a local housing authority if he has a connection with it—

because he is, or in the past was, normally resident there, and that residence is or was of his own choice,

because he is employed there,

because of family associations, or

because of special circumstances.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Residence in a district is not of a person's own choice if—

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

he, or a person who might reasonably be expected to reside with him, becomes resident there because he is detained under the authority of an Act of Parliament.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Secretary of State may by order specify ... circumstances in which—

a person is not to be treated as employed in a district, or

residence in a district is not to be treated as of a person's own choice.

A person has a local connection with the district of a local housing authority if he was (at any time) provided with accommodation in that district under section 95 of the Immigration and Asylum Act 1999 (support for asylum seekers).

But subsection (6) does not apply—

to the provision of accommodation for a person in a district of a local housing authority if he was subsequently provided with accommodation in the district of another local housing authority under section 95 of that Act, or

to the provision of accommodation in an accommodation centre by virtue of section 22 of the Nationality, Immigration and Asylum Act 2002 (c. 41) (use of accommodation centres for section 95 support).

While a local authority in England have a duty towards a person under section 23C of the Children Act 1989 (continuing functions in respect of former relevant children)—

if the local authority is a local housing authority, the person has a local connection with their district, and

otherwise, the person has a local connection with every district of a local housing authority that falls within the area of the local authority.

In subsection (8), "local authority" has the same meaning as in the Children Act 1989 (see section 105 of that Act).

Where, by virtue of being provided with accommodation under section 22A of the Children Act 1989 (provision of accommodation for children in care), a person is normally resident in the district of a local housing authority in England for a continuous period of at least two years, some or all of which falls before the person attains the age of 16, the person has a local connection with that district.

A person ceases to have a local connection with a district under subsection (10) upon attaining the age of 21 (but this does not affect whether the person has a local connection with that district under any other provision of this section).

Section 199: Local connection.

Discussed in

About this text