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

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Allocation of Housing and Homelessness (Eligibility) (Wales) Regulations 2014 (S.I. 2014/2603 (W. 257)) (“the 2014 Regulations”) to reflect changes to Appendix FM of the Immigration Rules, being the rules defined in those Regulations as the rules laid down as mentioned in section 3(2) of the Immigration Act 1971. The changes to Appendix FM rendered the application of provisions of the 2014 Regulations at regulations 3 and 5(1) out of date.

These Regulations revoke regulation 5(1)(e) of the 2014 Regulations (and the supporting definition paragraphs (2) and (3)), to remove provisions that are no longer required relating to certain categories of asylum seekers whose claims for asylum were made before 3 April 2000. Regulations 3 and 5 of the 2014 Regulations prescribe the classes of person subject to immigration control who are eligible for an allocation of housing accommodation and for the housing assistance respectively.

These Regulations also amend regulation 6(2) of the 2014 Regulations to provide that those listed at regulation 6(2)(a) to (f) are not to be treated as persons from abroad who are ineligible for housing assistance (as opposed to housing accommodation) pursuant to regulation 6(1)(a) of the 2014 Regulations.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result it was not considered necessary to carry out a Regulatory Impact Assessment as to the likely costs and benefits of complying with these Regulations.