2023 No. 611 (W. 92)
The Allocation of Housing and Homelessness (Eligibility) (Wales) (Amendment) (No. 2) Regulations 2023
Made
Coming into force
The Welsh Ministers make the following Regulations in exercise of the powers conferred on them by sections 160A(3) and (5) and 172(4) of the Housing Act 19961 and section 142(2)(a) and (b) of, and paragraph 1(2) and (4) of Schedule 2 to, the Housing (Wales) Act 20142.
In accordance with section 142(3)(b)(ii) of the Housing (Wales) Act 2014, a draft of these Regulations has been laid before, and approved by a resolution of, Senedd Cymru3.
Title and coming into force1
The title of these Regulations is the Allocation of Housing and Homelessness (Eligibility) (Wales) (Amendment) (No. 2) Regulations 2023 and they come into force on 8 June 2023.
Amendment of the Allocation of Housing and Homelessness (Eligibility) (Wales) Regulations 20142
The Allocation of Housing and Homelessness (Eligibility) (Wales) Regulations 20144 are amended as follows.
Amendments to regulation 33
In regulation 3 (persons subject to immigration control who are eligible for an allocation of housing accommodation)—
a
omit the “and” after paragraph (l);
b
at the end of paragraph (m), for “.” substitute “; and”
;
c
after paragraph (m) insert—
n
Class N – a person who—
i
was residing in Sudan before 15 April 2023;
ii
left Sudan in connection with the violence which rapidly escalated on 15 April 2023 in Khartoum and across Sudan;
iii
has leave to enter or remain in the United Kingdom given in accordance with the Immigration Rules5;
iv
is not a person whose leave is subject to a condition requiring that person to maintain and accommodate themself, and any person who is dependent on that person, without recourse to public funds; and
v
is not a person (P)—
aa
who has been given leave upon an undertaking given by P’s sponsor;
bb
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 the date on which P’s sponsor gave the undertaking in respect of P, whichever date is the later; and
cc
whose sponsor or, where there is more than one sponsor, at least one of whose sponsors, is still alive.
Amendments to regulation 44
In regulation 4(2) (other persons from abroad who are ineligible for an allocation of housing accommodation)—
a
omit the “and” after sub-paragraph (i);
b
at the end of sub-paragraph (j), for “.” substitute “; and”
;
c
after sub-paragraph (j) insert—
k
a person who was residing in Sudan before 15 April 2023 and left Sudan in connection with the violence which rapidly escalated on 15 April 2023 in Khartoum and across Sudan.
Amendments to regulation 55
In regulation 5(1) (persons subject to immigration control who are eligible for housing assistance)—
a
omit the “and” after sub-paragraph (m);
b
at the end of sub-paragraph (n), for “.” substitute “; and”
;
c
after sub-paragraph (n) insert—
o
Class O – a person who—
i
was residing in Sudan before 15 April 2023;
ii
left Sudan in connection with the violence which rapidly escalated on 15 April 2023 in Khartoum and across Sudan;
iii
has leave to enter or remain in the United Kingdom given in accordance with the Immigration Rules;
iv
is not a person whose leave is subject to a condition requiring that person to maintain and accommodate themself, and any person who is dependent on that person, without recourse to public funds; and
v
is not a person (P)—
aa
who has been given leave upon an undertaking given by P’s sponsor;
bb
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 the date on which P’s sponsor gave the undertaking in respect of P, whichever date is the later; and
cc
whose sponsor or, where there is more than one sponsor, at least one of whose sponsors, is still alive.
Amendments to regulation 66
In regulation 6(2) (other persons from abroad who are ineligible for housing assistance)—
a
omit the “and” after sub-paragraph (i);
b
at the end of sub-paragraph (j), for “.” substitute “; and”
;
c
after sub-paragraph (j) insert—
k
a person who was residing in Sudan before 15 April 2023 and left Sudan in connection with the violence which rapidly escalated on 15 April 2023 in Khartoum and across Sudan.
(This note is not part of the Regulations)