Homelessness and Social Housing Allocation (Wales) Act 2026

Prospective

14 Duties to applicants in referral cases E+W

(1) Section 82 of the 2014 Act (duties to applicant whose case is considered for referral or referred) is amended as follows in subsections (2) to (6).

(2) For subsection (1) substitute—

“(1) Subsections (1A) and (1B) apply if—

(a) a local housing authority (“authority A”) has notified another local housing authority (“authority B”) of its opinion that the conditions for referral of an applicant’s case under section 80 are met, and

(b) the applicant has been notified under section 84(1B) that authority B has been notified of authority A’s opinion;

and subsection (1A) applies whether the notified authority is in Wales or England.

(1A) If authority A notifies authority B under section 80(2A)—

(a) authority A is not subject to the duty under section 68 (interim duty to secure accommodation) in relation to the applicant, and

(b) authority A is not subject to the duty under section 75 (duty to secure accommodation) in relation to the applicant;

but authority A must secure that suitable accommodation is available for occupation by the applicant until the applicant is notified of the decision whether the conditions for referral of the case are met.

(1B) If authority A notifies authority B under section 80(2) or (2A) and it is decided in accordance with section 80(5) that the conditions for referral of the case are met—

(a) the applicant is to be treated, for the purposes of this Chapter, as having made an application to authority B on the date on which notice is given under section 84(1B),

(b) authority A owes no duties to the applicant under this Chapter from that date,

(c) where authority A has decided that the applicant is eligible for help, homeless or threatened with homelessness, the applicant is to be treated as such for the purposes of this Chapter unless authority B comes to a different conclusion in accordance with subsection (1C), and

(d) authority A must give to authority B copies of any notifications or documents that authority A has given to the applicant under section 63 (notice of the outcome of assessment) or 63A (prevention, support and accommodation plans).

(1C) For the purposes of subsection (1B), authority B may only come to a different conclusion if it is satisfied that—

(a) the applicant’s circumstances have changed, or further information has come to light, since authority A made its decision, and

(b) the change in circumstances, or further information, justifies authority B coming to a different conclusion to authority A.

(1D) For provision about cases where authority A notifies authority B under section 80(2) or (2A), authority B is in England and it is decided in accordance with section 80(5) that the conditions for referral of the case are met, see section 201A of the Housing Act 1996 (c. 52) (cases referred from a local housing authority in Wales).”

(3) For subsection (3) substitute—

“(3) If authority A notifies authority B under section 80(2A) and it is decided that the conditions for referral of the case are not met, authority A is subject to—

(a) the duty under section 68 in relation to the applicant, if the duty applies, and

(b) the duty under section 75 in relation to the applicant, if the duty applies.”

(4) Omit subsection (4).

(5) In subsection (5), for “The duty under subsection (1) ceases as provided in that subsection” substitute “Duties come to an end as provided for in subsections (1A) and (1B)”.

(6) In subsection (6), after “review” insert “, if the authority was required to do so before a duty ceased to have effect by virtue of this section”.

(7) In section 201A of the Housing Act 1996 (c. 52) (“the 1996 Act”) (cases referred from a local housing authority in Wales)—

(a) in subsection (1), after “2014” insert “(“the 2014 Act”)”;

(b) for subsection (2) substitute—

“(2) If the conditions for the referral under section 80 of the 2014 Act are met—

(a) for the purposes of this Part, the person whose case is referred is to be treated as having made an application of the kind mentioned in section 183(1) to the notified authority on the date on which notice is given under section 84(1B) of the 2014 Act that the conditions of referral are met,

(b) from that date, the notifying authority owes no duties to the applicant under Chapter 2 of Part 2 of the 2014 Act,

(c) where the notifying authority have made a decision as to whether the applicant is eligible for assistance under Chapter 2 of Part 2 of the 2014 Act, homeless or threatened with homelessness for the purposes of that Act, the applicant is to be treated as eligible for assistance, homeless or threatened with homelessness for the purposes of this Part, unless the notified authority come to a different conclusion in accordance with subsection (3), and

(d) the notifying authority must give to the notified authority copies of any notifications or documents that the notifying authority have given to the applicant under section 63 (notice of the outcome of assessment) or 63A (prevention, support and accommodation plans) of the 2014 Act.

(3) For the purposes of subsection (2)(c), the notified authority may only come to a different conclusion if they are satisfied that—

(a) the applicant’s circumstances have changed, or further information has come to light, since the notifying authority made their decision and that change in circumstances, or further information, justifies the notified authority coming to a different decision to the notifying authority, or

(b) there is a difference in effect between Chapter 2 of Part 2 of the 2014 Act and this Act regarding eligibility for assistance, the meaning of homelessness or the meaning of being threatened with homelessness that would materially affect a decision as to whether the applicant is eligible for assistance, homeless or threatened with homelessness for the purposes of this Part.”;

(c) omit subsection (3).

Commencement Information

I1 S. 14 not in force at Royal Assent, see s. 43(2)