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Homelessness and Social Housing Allocation (Wales) Act 2026
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There are currently no known outstanding effects for the Homelessness and Social Housing Allocation (Wales) Act 2026, Section 35.
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Prospective
35No preference for persons who try to manipulate the housing systemE+W
This section has no associated Explanatory Notes
(1)The 1996 Act is amended as follows.
(2)In section 167 (allocation in accordance with allocation scheme: Wales)—
(a)after subsection (2D) insert—
“(2DA)Nothing in paragraph (a) or (b) of subsection (2) requires the scheme to provide for any preference to be given to people the authority have decided are people to whom subsection (2DB) applies.
(2DB)This subsection applies to a person if the authority are satisfied that the person is trying to manipulate the housing system (see section 167A).”;
(b)in subsection (4A)(b), after “(2C)” insert “or (2DB)”.
(3)After section 167 insert—
“167AMeaning of trying to manipulate the housing system
(1)A person is trying to manipulate the housing system for the purposes of section 167(2DB) if subsection (2) or (4) applies.
(2)This subsection applies if—
(a)the person falls within paragraph (a) or (b) of section 167(2) because the person deliberately did or failed to do something in consequence of which the person ceases to occupy accommodation that was available for the person’s occupation and which it would have been reasonable for the person to continue to occupy, and
(b)the person either—
(i)intended, by doing or failing to do that thing, to enable the person to become entitled to help under Chapter 2 of Part 2 of the Housing (Wales) Act 2014 (“the 2014 Act”) or to improve the person’s chances of being allocated accommodation under this Part, or
(ii)before doing or failing to do that thing, received information, advice or other support provided or otherwise secured by a public authority exercising functions in relation to the person that was adequate for the purpose of enabling the person to continue occupying the accommodation.
(3)For the purposes of subsection (2), an act or omission in good faith on the part of a person who was unaware of any relevant fact may not be treated as deliberate.
(4)This subsection applies if—
(a)the person falls within paragraph (a) or (b) of section 167(2) because the person entered into an arrangement under which the person was required to cease to occupy accommodation which it would have been reasonable for the person to continue to occupy,
(b)the purpose of the arrangement was to enable the person to become entitled to help under Chapter 2 of Part 2 of the 2014 Act or to improve the person’s chance of being allocated accommodation under this Part, and
(c)there is no other good reason why the person became homeless for the purposes of the 2014 Act.
(5)For the purposes of this section—
(a)accommodation is available for occupation if it would be for the purposes of Chapter 2 of Part 2 of the 2014 Act (see section 56 of the 2014 Act);
(b)it is reasonable to continue to occupy accommodation if it would be for the purposes of Chapter 2 of Part 2 of the 2014 Act (see section 57 of the 2014 Act).”
Commencement Information
I1S. 35 not in force at Royal Assent, see s. 43(2)
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