The Allocation of Housing and Homelessness (Eligibility) (Wales) (Amendment) Regulations 2019

Amendment of the Allocation of Housing and Homelessness (Eligibility) (Wales) Regulations 2014

2.—(1) The Allocation of Housing and Homelessness (Eligibility) (Wales) Regulations 2014(1) are amended as follows.

(2) In regulation 3 (persons subject to immigration control who are eligible for an allocation of housing accommodation)—

(a) at the end of paragraph (e), omit “and”;

(b) at the end of paragraph (f) for “.” substitute “; and”;

(c) after paragraph (f) insert—

“(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; and

(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.”

(3) In regulation 4 (other persons from abroad who are ineligible for an allocation of housing accommodation) after paragraph (1) insert—

“(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 limited leave to enter or remain in the United Kingdom under the Immigration Act 1971(2) by virtue of Appendix EU to the immigration rules(3) made under section 3 of that Act is to be disregarded.”

(1)

S.I. 2014/2603 (W. 257).

(2)

1971 c. 77. The amendments to section 3 are not relevant to these Regulations.

(3)

Laid before Parliament on 23 May 1994 (HC 395), as amended. Appendix EU was laid before Parliament on 20 July 2018 (CM 9675).