Part VIIHomelessness

Interim duty to accommodate

188Interim duty to accommodate in case of apparent priority need

1

If the local housing authority have reason to believe that an applicant may be homeless, eligible for assistance and have a priority need, they shall secure that accommodation is available for his occupation pending a decision as to the duty (if any) owed to him under the following provisions of this Part.

2

The duty under this section arises irrespective of any possibility of the referral of the applicant’s case to another local housing authority (see sections 198 to 200).

3

The duty ceases when the authority’s decision is notified to the applicant, even if the applicant requests a review of the decision (see section 202).

The authority may continue to secure that accommodation is available for the applicant’s occupation pending a decision on a review.

189Priority need for accommodation

1

The following have a priority need for accommodation—

a

a pregnant woman or a person with whom she resides or might reasonably be expected to reside;

b

a person with whom dependent children reside or might reasonably be expected to reside;

c

a person who is vulnerable as a result of old age, mental illness or handicap or physical disability or other special reason, or with whom such a person resides or might reasonably be expected to reside;

d

a person who is homeless or threatened with homelessness as a result of an emergency such as flood, fire or other disaster.

2

The Secretary of State may by order—

a

specify further descriptions of persons as having a priority need for accommodation, and

b

amend or repeal any part of subsection (1).

3

Before making such an order the Secretary of State shall consult such associations representing relevant authorities, and such other persons, as he considers appropriate.

4

No such order shall be made unless a draft of it has been approved by resolution of each House of Parliament.