Housing Act 1996

[F1 199A Duties to the applicant whose case is considered for referral or referred under section 198(A1) E+W

(1) Where a local housing authority (“the notifying authority”) notify an applicant that they intend to notify or have notified another local housing authority in England (“the notified authority”) under section 198(A1) of their opinion that the conditions are met for referral of the applicant's case to the notified authority, the notifying authority—

(a) cease to be subject to any duty under section 188 (interim duty to accommodate in case of apparent priority need), and

(b) are not subject to the duty under section 189B (initial duty owed to all eligible persons who are homeless).

(2) But, if the notifying authority have reason to believe that the applicant may have a priority need, they must secure that accommodation is available for occupation by the applicant until the applicant is notified of the decision as to whether the conditions for referral of the applicant's case are met.

(3) When it has been decided whether the conditions for referral are met, the notifying authority must give notice of the decision and the reasons for it to the applicant.

The notice must also inform the applicant of the applicant's right to request a review of the decision and of the time within which such a request must be made.

(4) If it is decided that the conditions for referral are not met—

(a) the notifying authority are subject to the duty under section 189B,

(b) the references in subsections (4) and (7)(b) of that section to the day that the notifying authority are first satisfied as mentioned in subsection (1) of that section are to be read as references to the day on which notice is given under subsection (3) of this section, and

(c) if the notifying authority have reason to believe that the applicant may have a priority need, they must secure that accommodation is available for occupation by the applicant until the later of—

(i) the duty owed to the applicant under section 189B coming to an end, and

(ii) the authority deciding what other duty (if any) they owe to the applicant under this Part after the duty under section 189B comes to an end.

(5) If it is decided that the conditions for referral are met—

(a) for the purposes of this Part, the applicant is to be treated as having made an application of the kind mentioned in section 183(1) to the notified authority on the date on which notice is given under subsection (3),

(b) from that date, the notifying authority owes no duties to the applicant under this Part,

(c) where the notifying authority have made a decision as to whether the applicant is eligible for assistance, is homeless or became homeless intentionally, the notified authority may only come to a different decision if they are satisfied that—

(i) the applicant's circumstances have changed, or further information has come to light, since the notifying authority made their decision, and

(ii) that change in circumstances, or further information, justifies the notified authority coming to a different decision to the notifying authority, and

(d) the notifying authority must give to the notified authority copies of any notifications that the notifying authority have given to the applicant under section 189A(3) or (10) (notifications of the notifying authority's assessments of the applicant's case).

(6) A duty under subsection (2) or paragraph (c) of subsection (4) ceases as provided in the subsection or paragraph concerned even if the applicant requests a review of the authority's decision upon which the duty ceases.

The authority may secure that accommodation is available for the applicant's occupation pending the decision on review.

(7) A notice under this section must be given in writing and, if not received by the applicant, is to be treated as having been given to the applicant if it is made available at the authority's office for a reasonable period for collection by or on behalf of the applicant.]

Textual Amendments

F1 S. 199A inserted (3.4.2018) by Homelessness Reduction Act 2017 (c. 13), ss. 5(9), 13(3); S.I. 2018/167, reg. 3(e) (with reg. 4(1))