C1C2 Part VI Allocation of housing accommodation
Pt. VI modified (1.12.2014 for specified purposes, 1.2.2016 for E. in so far as not already in force) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 3 para. 2(2); S.I. 2014/2771, art. 6(1)(m); S.I. 2016/11, art. 2(m)
F2 Eligibility for allocation of housing accommodation
S. 160A and cross-heading inserted (5.12.2002 for the purpose of making regulations and 31.1.2003 otherwise, E.; 27.1.2003 for W.) by 2002 c. 7, s. 14(2) (with s. 20(4)); S.I. 2002/3114, arts. 2, 3; S.I. 2002/1736, art. 2(2), Sch. Pt. 2
C3F1160A Allocation only to eligible personsF3: Wales
1
A local housing authority F4in Wales shall not allocate housing accommodation—
a
to a person from abroad who is ineligible for an allocation of housing accommodation by virtue of subsection (3) or (5);
b
to a person who the authority have decided is to be treated as ineligible for such an allocation by virtue of subsection (7); or
c
to two or more persons jointly if any of them is a person mentioned in paragraph (a) or (b).
2
Except as provided by subsection (1), any person may be allocated housing accommodation by a local housing authority F5in Wales (whether on his application or otherwise).
3
A person subject to immigration control within the meaning of the Asylum and Immigration Act 1996 (c. 49) is (subject to subsection (6)) ineligible for an allocation of housing accommodation by a local housing authority F6in Wales unless he is of a class prescribed by regulations made by the Secretary of State.
4
No person who is excluded from entitlement to F12universal credit or housing benefit by section 115 of the Immigration and Asylum Act 1999 (c. 33) (exclusion from benefits) shall be included in any class prescribed under subsection (3).
5
The Secretary of State may by regulations prescribe other classes of persons from abroad who are (subject to subsection (6)) ineligible for an allocation of housing accommodation, either in relation to local housing authorities F7in Wales generally or any particular local housing authority F8in Wales.
6
Nothing in subsection (3) or (5) affects the eligibility of a person who is already F14a contract-holder in relation to housing accommodation allocated to that person by a local housing authority in Wales.F13...
F13a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
A local housing authority F9in Wales may decide that an applicant is to be treated as ineligible for an allocation of housing accommodation by them if they are satisfied that—
a
he, or a member of his household, has been guilty of unacceptable behaviour serious enough to make him unsuitable to be a tenant of the authority; and
b
in the circumstances at the time his application is considered, he is unsuitable to be a tenant of the authority by reason of that behaviour.
8
The only behaviour which may be regarded by the authority as unacceptable for the purposes of subsection (7)(a) is F16behaviour of the person concerned which would (if that person were a contract-holder of the authority) breach section 55 of the Renting Homes (Wales) Act 2016 (anaw 1) (anti-social behaviour and other prohibited conduct).F15...
F15a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15aa
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9
If a local housing authority F10in Wales decide that an applicant for housing accommodation—
a
is ineligible for an allocation by them by virtue of subsection (3) or (5); or
b
is to be treated as ineligible for such an allocation by virtue of subsection (7),
they shall notify the applicant of their decision and the grounds for it.
10
That notice shall be given in writing and, if not received by the applicant, shall be treated as having been given if it is made available at the authority’s office for a reasonable period for collection by him or on his behalf.
11
A person who is being treated by a local housing authority F11in Wales as ineligible by virtue of subsection (7) may (if he considers that he should no longer be treated as ineligible by the authority F11in Wales) make a fresh application to the authority F11in Wales for an allocation of housing accommodation by them.
Pt. VI excluded (20.1.1997) by S.I. 1996/2753, reg. 3
Pt. VI modified (1.4.1997) by S.I. 1996/3205, art. 2, Sch. 1
Pt. VI excluded (E.) (3.4.2000) by S.I. 2000/702, reg. 3
Pt. VI excluded (W.) (29.1.2003) by The Allocation of Housing (Wales) Regulations 2003 (S.I. 2003/239), reg. 3
Pt. VI excluded (E.) (31.1.2003) by The Allocation of Housing (England) Regulations 2003 (S.I. 2002/3264), reg. 3