The Housing Act 1996 (Additional Preference for Armed Forces) (England) Regulations 2012

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend section 166A(3) of the Housing Act 1996.

Section 166A of the Housing Act 1996 provides that local housing authorities must have an allocation scheme for determining priorities and the procedure to be followed in allocating housing accommodation. The scheme must be framed so as to give reasonable preference to any applicant who falls within the statutory reasonable preference categories in section 166A(3). Local housing authorities may frame their scheme so as to give additional preference to particular descriptions of people who fall within the reasonable preference categories and who have urgent housing needs. Under section 166A(7) the Secretary of State has the power to specify further descriptions of people to whom preference is to be given as mentioned in subsection (3) or to amend or repeal any part of subsection (3).

Regulation 2 amends section 166A(3) so that local housing authorities in England must frame their allocation scheme to give additional preference to persons who fall within the reasonable preference categories, have urgent housing needs and who meet one or more of the following criteria: the person is serving in the regular forces and is suffering from a serious injury, illness or disability which is attributable (wholly or partly) to the person’s service; the person formerly served in the regular forces; the person has recently ceased, or will cease to be entitled, to reside in accommodation provided by the Ministry of Defence following the death of that person’s spouse or civil partner who has served in the regular forces and whose death was attributable (wholly or partly) to that service; or the person is serving or has served in the reserve forces and is suffering from a serious injury, illness or disability which is attributable (wholly or partly) to the person’s service.