6Duty to secure accommodation for eligible homeless persons with a local connection to Wales(1)

The 2014 Act is amended as follows.

(2)

Omit—

(a)

section 73 (duty to help to secure accommodation for homeless applicants);

(b)

section 74 (circumstances in which the duty in section 73 ends).

(3)

For section 75 (duty to secure accommodation for applicants in priority need when duty in section 73 ends) substitute—

75Duty to secure accommodation for applicants(1)

A local housing authority must secure that suitable accommodation is available for occupation by an applicant if—

(a)

subsection (2) applies,

(b)

subsection (4) does not apply, and

(c)

subsection (7) does not apply.

(2)

This subsection applies if the local housing authority is satisfied that—

(a)

the applicant—

(i)

is homeless, or

(ii)

has suitable interim accommodation that was made available for occupation by the applicant (whether because of steps the authority has taken or not) at a time when the applicant was homeless or threatened with homelessness, and

(b)

the applicant is eligible for help.

(3)

For the purpose of subsection (2)(a)(ii), accommodation is interim if—

(a)

it is secured under section 68,

(b)

the applicant intends, when beginning to occupy the accommodation, to occupy it—

(i)

until the application for help under this Chapter is concluded, or

(ii)

for a period of less than 12 months beginning with the first day the accommodation is available for occupation, or

(c)

the person making the accommodation available for occupation intends, when beginning to do so, that it is available for occupation by the applicant—

(i)

until the application for help under this Chapter is concluded, or

(ii)

for a period of less than 12 months beginning with the first day the accommodation is available for occupation.

(4)

This subsection applies if the local housing authority is satisfied that—

(a)

neither the applicant nor any member of the applicant’s household has a local connection to the area of any local housing authority in Wales, and

(b)

none of the circumstances in subsection (5) apply.

(5)

The circumstances are that the applicant or any member of the applicant’s household—

(a)

is at risk of suffering abuse in an area outside Wales—

(i)

to which the applicant or other member of the applicant’s household has a local connection,

(ii)

in which the applicant or other member of the applicant’s household is living or was living, and

(iii)

is in Wales in relevant circumstances, is living in the area outside Wales where there is a risk of abuse or is living in another area outside Wales for the purpose of seeking refuge from abuse, or

(b)

falls within a prescribed category of person.

(6)

In subsection (5)(a)(iii), the relevant circumstances are that immediately before coming to Wales the applicant or other member of the applicant’s household was—

(a)

living in the area outside Wales where there is a risk of abuse, or

(b)

living in another area outside Wales for the purpose of seeking refuge from abuse.

(7)

This subsection applies if—

(a)

the applicant is a prisoner serving a custodial sentence, and

(b)

the local housing authority is satisfied that there is no reasonable prospect of the applicant being released from detention before the end of a period of 6 months beginning with—

(i)

the day the application for help under this Chapter is made, or

(ii)

if a duty is owed to the applicant under section 66 at any time after the application is made, the day the duty under section 66 comes to an end.

(8)

Subsection (9) applies if the applicant is—

(a)

a prisoner, or

(b)

residing in approved premises.

(9)

The duty in subsection (1) is to be interpreted as a duty to secure that accommodation is available for occupation by the applicant when the applicant is released from detention or no longer required to reside in approved premises (as the case may be).

(4)

In section 142(3)(b)(ii) (orders and regulations), after “section” insert “75(5)(b),”.