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The Allocation of Housing and Homelessness (Eligibility) (Wales) (Amendment) Regulations 2017

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Title and commencement

1.—(1) The title of these Regulations is the Allocation of Housing and Homelessness (Eligibility) (Wales) (Amendment) Regulations 2017.

(2) These Regulations come into force on 22 June 2017.

Amendment of the Allocation of Housing and Homelessness (Eligibility) (Wales) Regulations 2014

2.—(1) The Allocation of Housing and Homelessness (Eligibility) (Wales) Regulations 2014(1) are amended as follows.

(2) In regulation 2(1) (interpretation) at the appropriate place insert—

“the Human Rights Convention” (“y Confensiwn Hawliau Dynol”) means the Convention for the Protection of Human Rights and Fundamental Freedoms, agreed by the Council of Europe at Rome on 4th November 1950 as it has effect for the time being in relation to the United Kingdom; .

(3) In regulation 3 (persons subject to immigration control who are eligible for an allocation of housing accommodation)—

(a)in paragraph (d) at the end omit “and”;

(b)in paragraph (e) at the end for “.” substitute “; and”; and

(c)after paragraph (e) insert—

(f)Class F – a person who has limited leave to enter or remain in the United Kingdom on family or private life grounds under Article 8 of the Human Rights Convention, such leave granted under paragraph 276BE(1), paragraph 276DG or Appendix FM of the Immigration Rules(2), and who is not subject to a condition requiring that person to maintain and accommodate themselves, and any person who is dependent on that person, without recourse to public funds.

(4) In regulation 5 (persons subject to immigration control who are eligible for housing assistance)—

(a)omit paragraph (1)(e);

(b)in paragraph (1)(f) at the end for “.” substitute “; and”;

(c)after paragraph (1)(f) insert—

(g)Class G - a person who has limited leave to enter or remain in the United Kingdom on family or private life grounds under Article 8 of the Human Rights Convention, such leave granted under paragraph 276BE(1), paragraph 276DG or Appendix FM of the Immigration Rules, and who is not subject to a condition requiring that person to maintain and accommodate themselves, and any person who is dependent on that person, without recourse to public funds.; and

(d)omit paragraphs (2) and (3).

(5) In regulation 6 (other persons from abroad who are ineligible for housing assistance), in paragraph (2), for the words “an allocation of housing accommodation” substitute the words “housing assistance”.

Signed by

Carl Sargeant

Cabinet Secretary for Communities and Children, one of the Welsh Ministers

20 June 2017

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