Housing (Wales) Act 2014 Explanatory Notes

Section 71 – Meaning of vulnerable in section 70

147.A person is considered to be vulnerable as a result of a reason mentioned in paragraph (c) or (j) of section 70 if, having taken all the person’s circumstances into account, the authority considers that the person would be less able to fend for himself or herself (as a result of that reason) if the person were to become street homeless than would an ordinary homeless person who becomes street homeless and this would lead to the person suffering more harm than would be suffered by the ordinary homeless person.

148.“Street homeless” means a person has no accommodation that he or she is entitled to occupy by way of an interest in it or court order, or by way of an express or implied licence to occupy it, or by virtue of a right conferred by law. The definition of “homeless” in sections 55 and 56 does not apply to this definition. This means that, for example, the accommodation need not be accommodation which it is reasonable to continue to occupy.

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