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Deddf Digartrefedd a Dyrannu Tai Cymdeithasol (Cymru) 2026
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Statws
Mae’r fersiwn hon o'r ddarpariaeth hon yn rhagolygol.
Statws
Defnyddir y term darpariaeth i ddisgrifio elfen ddiffiniadwy mewn darn o ddeddfwriaeth sy'n cael effaith ddeddfwriaethol – megis Rhan, Pennod neu adran. Mae fersiwn o ddarpariaeth yn rhagolygol naill ai:
- os nad yw'r ddarpariaeth (Rhan, Pennod neu adran) erioed wedi dod i rym neu;
- pan fo testun y ddarpariaeth wedi'i newid, ond nad oes dyddiad wedi'i bennu eto gan y person neu'r corff priodol i'r newidiadau hynny i ddod i rym.
Gall Gorchmynion Cychwyn a restrir yn y blwch 'Newidiadau i Ddeddfwriaeth' fel rhai sydd heb eu gwneud eto ddod â'r fersiwn ragolygol hon i rym.
Newidiadau i ddeddfwriaeth:
Ar hyn o bryd nid oes unrhyw effeithiau heb eu gweithredu yn hysbys ar gyfer y Deddf Digartrefedd a Dyrannu Tai Cymdeithasol (Cymru) 2026, Adran 35.
Changes to Legislation
Efallai na fydd deddfwriaeth ddiwygiedig sydd ar y safle hwn yn gwbl gyfoes. Ar hyn o bryd mae unrhyw newidiadau neu effeithiau hysbys a wnaed gan ddeddfwriaeth ddilynol wedi'u gwneud i destun y ddeddfwriaeth yr ydych yn edrych arni gan y tîm golygyddol. Gweler 'Cwestiynau Cyffredin' am fanylion ynglŷn â'r amserlenni ar gyfer nodi a chofnodi effeithiau newydd ar y safle hwn.
Rhagolygol
35Dim ffafriaeth i bersonau sy’n ceisio manipiwleiddio’r system daiLL+C
This section has no associated Explanatory Notes
(1)Mae Deddf 1996 wedi ei diwygio fel a ganlyn.
(2)Yn adran 167 (dyrannu yn unol â chynllun dyrannu: Cymru)—
(a)ar ôl is-adran (2D) mewnosoder—
“(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)yn is-adran (4A)(b), ar ôl “(2C)” mewnosoder “or (2DB)”.
(3)Ar ôl adran 167 mewnosoder—
“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).”
Gwybodaeth Cychwyn
I1A. 35 ddim mewn grym ar y Cydsyniad Brenhinol, gweler a. 43(2)
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