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Welsh Statutory Instruments

2014 No. 2603 (W. 257)

Housing, Wales

The Allocation of Housing and Homelessness (Eligibility) (Wales) Regulations 2014

Made

24 September 2014

Laid before the National Assembly for Wales

1 October 2014

Coming into force

31 October 2014

The Welsh Ministers make the following Regulations in exercise of the powers conferred on the Secretary of State by sections 160A(3) and (5), 172(4), 185(2) and (3) and 215(2) of the Housing Act 1996(1), and which are now vested in the Welsh Ministers(2):

Title, commencement and applicationE+W

1.—(1) The title of these Regulations is the Allocation of Housing and Homelessness (Eligibility) (Wales) Regulations 2014 and they come into force on 31 October 2014.

(2) These Regulations apply in relation to Wales.

Commencement Information

I1Reg. 1 in force at 31.10.2014, see reg. 1(1)

InterpretationE+W

2.—(1) In these Regulations—

“the 1996 Act” (“Deddf 1996”) means the Housing Act 1996;

“the Accession Regulations 2013” (“Rheoliadau Ymaelodaeth 2013”) means the Accession of Croatia (Immigration and Worker Authorisation) Regulations 2013(3);

“the EEA Regulations” (“Rheoliadau yr AEE”) means the [F1Immigration (European Economic Area) Regulations 2016 and references to the EEA Regulations are to be read with Schedule 4 to the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) Regulations 2020];

[F2“the Human Rights Convention” (“y Confensiwn Hawliau Dynol”) means the Convention for the Protection of Human Rights and Fundamental Freedoms, agreed by the Council of Europe at Rome on 4th November 1950 as it has effect for the time being in relation to the United Kingdom; ]

“the Immigration Rules” (“y Rheolau Mewnfudo”) means the rules laid down as mentioned in section 3(2) of the Immigration Act 1971(4) (general provisions for regulation and control);

“the Refugee Convention” (“y Confensiwn ynglŷn â Ffoaduriaid”) means the Convention relating to the Status of Refugees done at Geneva on 28 July 1951, as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31 January 1967; and

“sponsor” (“noddwr”) means a person who has given an undertaking in writing for the purposes of the Immigration Rules to be responsible for the maintenance and accommodation of another person.

(2) For the purposes of these Regulations—

(a)“jobseeker” (“ceisiwr gwaith”), “self-employed person” (“person hunangyflogedig”), and “worker” (“gweithiwr”) have the same meaning as for the purposes of the definition of a “qualified person” in regulation 6(1) of the EEA Regulations(5); and

[F3(ab)“frontier worker” (“gweithiwr trawsffiniol”) means a person who is a frontier worker within the meaning of regulation 3 of the Citizens' Rights (Frontier Workers) (EU Exit) Regulations;]

(b)subject to paragraph (3), references to the family member of a jobseeker, self-employed person, [F4 worker or frontier worker] are to be construed in accordance with regulation 7 of [F5the EEA Regulations].

(3) For the purposes of regulations 4(2)(d) [F6and (h)] and 6(2)(d) [F6and (h)] “family member” (“aelod o deulu”) does not include a person who is treated as a family member by virtue of regulation 7(3) of the EEA Regulations.

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I2Reg. 2 in force at 31.10.2014, see reg. 1(1)

Persons subject to immigration control who are eligible for an allocation of housing accommodationE+W

3.  The following classes of persons subject to immigration control are persons who are eligible for an allocation of housing accommodation under Part 6 of the 1996 Act—

(a)Class A – a person who is recorded by the Secretary of State as a refugee within the definition in Article 1 of the Refugee Convention and who has leave to enter or remain in the United Kingdom;

(b)Class B – a person—

(i)who has exceptional leave to enter or remain in the United Kingdom granted outside the provisions of the Immigration Rules; and

(ii)whose leave to enter or remain is not subject to a condition requiring that person to maintain and accommodate themselves, and any person who is dependant on that person, without recourse to public funds;

(c)Class C – a person who is habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland and whose leave to enter or remain in the United Kingdom is not subject to any limitation or condition, other than a person—

(i)who has been given leave to enter or remain in the United Kingdom upon an undertaking given by the person’s sponsor;

(ii)who has been resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland for less than five years beginning on the date of entry or on the date on which the undertaking was given in respect of the person, whichever date is the later; and

(iii)whose sponsor or, where there is more than one sponsor, at least one of whose sponsors is still alive;

(d)Class D – a person who has humanitarian protection granted under the Immigration Rules; F7...

(e)Class E – a person who is habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland and who has limited leave to enter the United Kingdom as a relevant Afghan citizen under paragraph 276BA1 of the Immigration Rules; F8...

[F9(f)Class F – a person who has limited leave to enter or remain in the United Kingdom on family or private life grounds under Article 8 of the Human Rights Convention, such leave granted under paragraph 276BE(1), paragraph 276DG or Appendix FM of the Immigration Rules, and who is not subject to a condition requiring that person to maintain and accommodate themselves, and any person who is dependent on that person, without recourse to public funds [F10; F11...]]

[F12(g)Class G – a person who is habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland and who has been relocated to the United Kingdom under section 67 of the Immigration Act 2016 and has limited leave to remain under paragraph 352ZH of the immigration rules; F13...

(h)Class H – a person who is habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland and who has been granted Calais leave to remain in the United Kingdom under paragraph 352J of the immigration rules [F14; F15...]]

[F16(i)Class I – a person who is habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland and who has limited leave to remain in the United Kingdom as a stateless person under paragraph 405 of the Immigration Rules [F17;]]

[F18(j)Class J – a person—

(i)who has limited leave to enter or remain in the United Kingdom by virtue of Appendix Hong Kong British National (Overseas) of the Immigration Rules;

(ii)whose leave to enter or remain is not subject to a condition requiring that person to maintain and accommodate themselves, and any person who is dependent on that person, without recourse to public funds; and

(iii)who is habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland; and

(k)Class K – a person—

(i)who is granted leave to enter or remain in the United Kingdom in accordance with the Immigration Rules, where such leave is granted by virtue of—

(aa)the Afghan Relocations and Assistance Policy; or

(bb)the previous scheme for locally-employed staff in Afghanistan (sometimes referred to as the ex-gratia scheme); or

(ii)with leave to enter or remain in the United Kingdom not coming within sub-paragraph (i), who left Afghanistan in connection with the collapse of the Afghan government that took place on 15 August 2021, but excluding a person (P)—

(aa)who is subject to a condition requiring P to maintain and accommodate themselves, and any person who is dependent on P, without recourse to public funds; or

(bb)who has been given leave to enter or remain in the United Kingdom upon an undertaking given by P’s sponsor and has been resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland for less than five years beginning on the date of entry or the date on which P’s sponsor gave the undertaking in respect of P, whichever date is the later, and whose sponsor or, where there is more than one sponsor, at least one of whose sponsors, is still alive.]

Textual Amendments

Commencement Information

I3Reg. 3 in force at 31.10.2014, see reg. 1(1)

Other persons from abroad who are ineligible for an allocation of housing accommodationE+W

4.—(1) A person who is not subject to immigration control is to be treated as a person from abroad who is ineligible for an allocation of housing accommodation under Part 6 of the 1996 Act if—

(a)subject to paragraph (2), the person is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man, or the Republic of Ireland;

(b)the person’s only right to reside in the United Kingdom—

(i)is derived from the person’s status as a jobseeker or a family member of a jobseeker; or

(ii)is an initial right to reside for a period not exceeding three months under regulation 13 of the EEA Regulations(6); or

(iii)is a derivative right to reside to which the person is entitled under [F19regulation 16(1)] of the EEA Regulations, but only in a case where the right exists under that regulation because the applicant satisfies the criteria in [F20regulation 16(5)] of those Regulations(7); or

F21(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F22(c)the person's only right to reside in the Channel Islands, the Isle of Man or the Republic of Ireland is a right equivalent to one of those mentioned in sub-paragraph (b)(i),(ii) or (iii)]

[F23(1A) For the purposes of determining whether the only right to reside that a person has is of a kind mentioned in paragraph (1)(b) or (c), a right to reside by virtue of having been granted

[F24(a)limited leave to enter or remain in the United Kingdom under the Immigration Act 1971 by virtue of Appendix EU to the immigration rules; or

(b)leave to enter the United Kingdom by virtue of an entry clearance that was granted under Appendix EU (Family Permit) to the immigration rules,

is to be disregarded.]]

(2) The following are not to be treated as persons from abroad who are ineligible for an allocation of housing accommodation pursuant to paragraph (1)(a)—

(a)a worker;

(b)a self-employed person;

(c)a person who is treated as a worker for the purpose of the definition of “qualified person” in regulation 6(1) of the EEA Regulations pursuant to regulation 5 of the Accession Regulations 2013 (right of residence of an accession State national subject to worker authorisation);

(d)a person who is the family member of a person specified in sub-paragraphs (a)-(c);

(e)a person with a right to reside permanently in the United Kingdom by virtue of regulation 15(1)(c), (d) or (e) of the EEA Regulations; and

(f)a person who is in the United Kingdom as a result of the person’s deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom.

[F25(g)a frontier worker; F26...

(h)a person who—

(i)is a family member of a person specified in sub-paragraph (g); and

(ii)has a right to reside by virtue of having been granted limited leave to enter or remain in the United Kingdom under the Immigration Act 1971 by virtue of Appendix EU to the immigration rules made under section 3 of that Act [F27; and]]

[F28(i)a person who left Afghanistan in connection with the collapse of the Afghan government that took place on 15 August 2021.]

Textual Amendments

F24Words in reg. 4(1A) substituted (31.12.2020 immediately after IP completion day) by The Immigration (Citizens' Rights etc.) (EU Exit) Regulations 2020 (S.I. 2020/1372), regs. 1(2)(a)(3)(d), 26(2)(a)

Modifications etc. (not altering text)

Commencement Information

I4Reg. 4 in force at 31.10.2014, see reg. 1(1)

Persons subject to immigration control who are eligible for housing assistanceE+W

5.—(1) The following classes of persons subject to immigration control are persons who are eligible for housing assistance under Part 7 of the 1996 Act—

(a)Class A – a person who is recorded by the Secretary of State as a refugee within the definition in Article 1 of the Refugee Convention and who has leave to enter or remain in the United Kingdom;

(b)Class B – a person—

(i)who has exceptional leave to enter or remain in the United Kingdom granted outside the provisions of the Immigration Rules; and

(ii)whose leave to enter or remain is not subject to a condition requiring that person to maintain and accommodate themselves, and any person who is dependant on that person, without recourse to public funds;

(c)Class C – a person who is habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland and whose leave to enter or remain in the United Kingdom is not subject to any limitation or condition, other than a person—

(i)who has been given leave to enter or remain in the United Kingdom upon an undertaking given by the person’s sponsor;

(ii)who has been resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland for less than five years beginning on the date of entry or on the date on which the undertaking was given in respect of the person, whichever date is the later; and

(iii)whose sponsor or, where there is more than one sponsor, at least one of whose sponsors is still alive;

(d)Class D – a person who has humanitarian protection granted under the Immigration Rules;

F29(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)Class F – a person who is habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland and who has limited leave to enter the United Kingdom as a relevant Afghan citizen under paragraph 276BA1 of the Immigration Rules [F30; F31...]

[F32(g)Class G - a person who has limited leave to enter or remain in the United Kingdom on family or private life grounds under Article 8 of the Human Rights Convention, such leave granted under paragraph 276BE(1), paragraph 276DG or Appendix FM of the Immigration Rules, and who is not subject to a condition requiring that person to maintain and accommodate themselves, and any person who is dependent on that person, without recourse to public funds[F33; F34...]]

[F35(h)Class H – a person who is habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland and who has been relocated to the United Kingdom under section 67 of the Immigration Act 2016 and has limited leave to remain under paragraph 352ZH of the immigration rules;F36...

(i)Class I – a person who is habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland and has Calais Leave to remain under paragraph 352J of the immigration rules [F37; F38...]]

[F39(j)Class J – a person who is habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland and who has limited leave to remain in the United Kingdom as a stateless person under paragraph 405 of the Immigration Rules [F40;]]

[F41(k)Class K – a person—

(i)who has limited leave to enter or remain in the United Kingdom by virtue of Appendix Hong Kong British National (Overseas) of the Immigration Rules;

(ii)whose leave to enter or remain is not subject to a condition requiring that person to maintain and accommodate themselves, and any person who is dependent on that person, without recourse to public funds; and

(iii)who is habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland; and

(l)Class L – a person—

(i)who is granted leave to enter or remain in the United Kingdom in accordance with the Immigration Rules, where such leave is granted by virtue of—

(aa)the Afghan Relocations and Assistance Policy; or

(bb)the previous scheme for locally-employed staff in Afghanistan (sometimes referred to as the ex-gratia scheme); or

(ii)with leave to enter or remain in the United Kingdom not coming within paragraph (i), who left Afghanistan in connection with the collapse of the Afghan government that took place on 15 August 2021, but excluding a person (P)—

(aa)who is subject to a condition requiring P to maintain and accommodate themselves, and any person who is dependent on P, without recourse to public funds; or

(bb)who has been given leave to enter or remain in the United Kingdom upon an undertaking given by P’s sponsor and has been resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland for less than five years beginning on the date of entry or the date on which P’s sponsor gave the undertaking in respect of P, whichever date is the later, and whose sponsor or, where there is more than one sponsor, at least one of whose sponsors, is still alive.]

F42(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F42(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I5Reg. 5 in force at 31.10.2014, see reg. 1(1)

Other persons from abroad who are ineligible for housing assistanceE+W

6.—(1) A person who is not subject to immigration control is to be treated as a person from abroad who is ineligible for housing assistance under Part 7 of the 1996 Act if—

(a)subject to paragraph (2), the person is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man, or the Republic of Ireland;

(b)the person’s only right to reside in the United Kingdom—

(i)is derived from the person’s status as a jobseeker or a family member of a jobseeker; or

(ii)is an initial right to reside for a period not exceeding three months under regulation 13 of the EEA Regulations; or

(iii)is a derivative right to reside to which the person is entitled under [F43regulation 16(1)] of the EEA Regulations, but only in a case where the right exists under that regulation because the applicant satisfies the criteria in [F44regulation 16(5)] of those Regulations; or

F45(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F46(c)the person's only right to reside in the Channel Islands, the Isle of Man or the Republic of Ireland is a right equivalent to one of those mentioned in sub-paragraph (b)(i), (ii) or (iii)]

[F47(1A) For the purposes of determining whether the only right to reside that a person has is of a kind mentioned in paragraph (1) (b) and (c), a right to reside by virtue of having been granted

[F48(a)limited leave to enter or remain in the United Kingdom under the Immigration Act 1971 by virtue of Appendix EU to the immigration rules; or

(b)leave to enter the United Kingdom by virtue of an entry clearance that was granted under Appendix EU (Family Permit) to the immigration rules,

is to be disregarded.]]

(2) The following are not to be treated as persons from abroad who are ineligible for [F49housing assistance] pursuant to paragraph (1)(a)—

(a)a worker;

(b)a self-employed person;

(c)a person who is treated as a worker for the purpose of the definition of “qualified person” in regulation 6(1) of the EEA Regulations pursuant to regulation 5 of the Accession Regulations 2013 (right of residence of an accession State national subject to worker authorisation);

(d)a person who is the family member of a person specified in sub-paragraphs (a)-(c);

(e)a person with a right to reside permanently in the United Kingdom by virtue of regulation 15(1)(c), (d) or (e) of the EEA Regulations; and

(f)a person who is in the United Kingdom as a result of the person’s deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom.

[F50(g)a frontier worker; F51...

(h)a person who—

(i)is a family member of a person specified in sub-paragraph (g); and

(ii)has a right to reside by virtue of having been granted limited leave to enter or remain in the United Kingdom under the Immigration Act 1971 by virtue of Appendix EU to the immigration rules made under section 3 of that Act [F52; and]]

[F53(i)a person who left Afghanistan in connection with the collapse of the Afghan government that took place on 15 August 2021.]

Textual Amendments

F48Words in reg. 6(1A) substituted (31.12.2020 immediately after IP completion day) by The Immigration (Citizens' Rights etc.) (EU Exit) Regulations 2020 (S.I. 2020/1372), regs. 1(2)(a)(3)(d), 26(2)(a)

Modifications etc. (not altering text)

Commencement Information

I6Reg. 6 in force at 31.10.2014, see reg. 1(1)

RevocationsE+W

7.  Subject to regulation 8, the following are revoked—

(a)regulations 4 and 5 of the Allocation of Housing (Wales) Regulations 2003(8);

(b)the Homelessness (Wales) Regulations 2006(9);

(c)the Allocation of Housing (Wales) (Amendment) Regulations 2006(10); and

(d)the Allocation of Housing and Homelessness (Eligibility) (Wales) Regulations 2009(11).

Commencement Information

I7Reg. 7 in force at 31.10.2014, see reg. 1(1)

Transitional provisionsE+W

8.  The revocations made by these Regulations do not have effect in relation to an applicant whose application for—

(a)an allocation of housing accommodation under Part 6 of the 1996 Act; or

(b)housing assistance under Part 7 of the 1996 Act,

was made before the coming into force of these Regulations.

Commencement Information

I8Reg. 8 in force at 31.10.2014, see reg. 1(1)

Lesley Griffiths

Minister for Communities and Tackling Poverty, one of the Welsh Ministers

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision for which persons from abroad will be eligible or ineligible for an allocation of housing accommodation under Part 6 of the Housing Act 1996 (“the Act”) and for housing assistance under Part 7 of the Act. These Regulations apply in relation to Wales only.

By virtue of section 160A(1) and (3) of the Act, a local housing authority must not allocate housing accommodation under Part 6 of the Act to persons from abroad who are subject to immigration control (within the meaning of the Asylum and Immigration Act 1996 (c.49)) unless they are of a class prescribed by the Welsh Ministers. Similarly, section 185(2) of the Act provides that such persons are not eligible for housing assistance under Part 7 of the Act unless they are of a class which is so prescribed by the Welsh Ministers, or by the Secretary of State.

By virtue of section 160A(1) and (5) of the Act, the Welsh Ministers may prescribe other classes of persons from abroad who (whilst not subject to immigration control) are ineligible for an allocation of housing accommodation under Part 6 of the Act. Similarly, section 185(3) of the Act provides that the Welsh Ministers, or the Secretary of State, may make provision by regulations as to the descriptions of persons who (whilst not subject to immigration control) are to be treated as persons from abroad who are ineligible for housing assistance under Part 7 of the Act.

By regulations 3 and 5 of these Regulations, the Welsh Ministers prescribe those classes of person subject to immigration control who are eligible for an allocation of housing accommodation, or for housing assistance, respectively.

By regulations 4 and 6 of these Regulations, the Welsh Ministers prescribe the classes of person who (whilst not subject to immigration control) are to be treated as persons from abroad who are ineligible for an allocation of housing accommodation, or for housing assistance, respectively.

Regulation 7 revokes the provisions which are replaced by these Regulations, and regulation 8 makes transitional provisions in relation to applications for an allocation of housing accommodation or housing assistance before the commencement of these Regulations.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.

(1)

1996 c. 52. Section 160A was added by section 14(2) of the Homelessness Act 2002 (c. 7) and amended by the Localism Act 2011 (c. 20). Section 185 was amended by section 18(1) of, and paragraphs 2 and 7(1) of Schedule 1 to the Homelessness Act 2002 and by section 314 of, and paragraphs 1 and 4 of Schedule 15 to the Housing and Regeneration Act 2008 (c. 17).

(2)

The functions of the Secretary of State under Part 6 and Part 7 of the Housing Act 1996 were, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), article 2 and Schedule 1, and section 17(1) of the Homelessness Act 2002. Those functions were subsequently transferred to the Welsh Ministers by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32). The functions under section 185 are exercisable concurrently with the Secretary of State.

(5)

See regulation 4 and regulation 6(2) to (4) of the Immigration (European Economic Area) Regulations 2006.

(6)

Regulation 13 was amended by S.I. 2012/1547.

(7)

Regulation 15A was added by S.I. 2012/1547 and has been amended by regulation 2 of, and the Schedule to S.I. 2012/2560.

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