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The Localism Act 2011 amends the Housing Act 1996 to give local housing authorities in England the power to decide what classes of persons are or are not qualifying persons under section 160ZA(7) of the Housing Act 1996, for an allocation of housing accommodation. The Secretary of State has the power to prescribe in Regulations criteria that may not be used by local housing authorities in deciding what classes of persons are not qualifying persons (section 160ZA(8)(b)). These Regulations require that local housing authorities do not use local connection (within the meaning of section 199 of the Housing Act 1996) as a criterion in deciding whether the following are not qualifying persons:
(a)persons who are serving in the regular forces or have done so in the five years preceding their application for an allocation of housing accommodation;
(b)bereaved spouses or civil partners of those serving in the regular forces where their spouse or partner’s death is attributable (wholly or partly) to their service and the bereaved spouse or civil partner’s entitlement to reside in Ministry of Defence accommodation then ceases;
(c)seriously injured, ill or disabled reservists (or former reservists) whose injury, illness or disability is attributable wholly or partly to their service.
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