The Homelessness (Suitability of Accommodation) (Wales) Order 2006

Exceptions

9.—(1) Articles 7 and 8 do not apply where—

(a) the person occupies basic standard B&B for a period, or a total of periods, which does not exceed 2 weeks;

(b) the person occupies a higher standard B&B for a period or a total of periods which does not exceed 6 weeks;

(c) the person occupies a basic standard small B&B for a period or a total of periods which does not exceed 6 weeks, and the local housing authority has, before the expiry of the two-week period referred to in sub-paragraph (a), offered suitable alternative accommodation, but the person has chosen to remain in the said B&B;

(d) the person occupies a basic standard small B&B after exercising the choice referred to in sub-paragraph (c), and the local housing authority has offered suitable alternative accommodation before the end of the six-week period referred to in sub-paragraph (c) above, but the person has chosen to remain in the said B&B;

(e) the person occupies a higher standard small B&B, the local housing authority has offered suitable alternative accommodation, before the expiry of the six-week period referred to in sub-paragraph (b), but the person has chosen to remain in the said B&B: or

(f) the person occupies basic standard shared accommodation for a period, or a total of periods, which does not exceed 2 weeks;

(g) the person occupies, for a period or a total of periods which does not exceed 6 weeks, basic standard shared accommodation owned by a local housing authority or registered social landlord, and the local housing authority has offered suitable alternative accommodation before the expiry of the two-week period referred to in sub-paragraph (f), but the person has chosen to remain in the said accommodation.

(2) If the suitable alternative accommodation offered for the purposes of paragraph (1) is shared, it must meet the higher standard.

(3) In the case of households with dependant children or a pregnant woman, the offer made under sub-paragraphs (d) or (e) must be of suitable self-contained accommodation. In the case of an applicant who is a minor, the offer must be of suitable accommodation with support.

(4) In calculating a period, or total period, of a person’s occupation of shared accommodation for the purposes of paragraph (1), there must be disregarded —

(a) any period before 7 April 2008; and

(b) where a local housing authority is subject to the duty under section 193 by virtue of section 200(4), any period before that authority became subject to that duty.

(1)

Cif: 7 April 2008.