The Allocation of Housing (Qualification Criteria for Armed Forces) (England) Regulations 2012

Criterion that may not be used in deciding what classes of persons are not qualifying persons

3.—(1) In deciding what classes of persons are not qualifying persons under section 160ZA(7) of the 1996 Act, a local housing authority in England may not use the criterion set out in paragraph (2).

(2) The criterion is that a relevant person must have a local connection to the district of a local housing authority.

(3) A relevant person is a person who—

(a) is serving in the regular forces or who has served in the regular forces within five years of the date of their application for an allocation of housing under Part 6 of the 1996 Act;

(b) has recently ceased, or will cease to be entitled, to reside in accommodation provided by the Ministry of Defence following the death of that person’s spouse or civil partner where—

(i) the spouse or civil partner has served in the regular forces; and

(ii) their death was attributable (wholly or partly) to that service; or

(c) is serving or has served in the reserve forces and who is suffering from a serious injury, illness or disability which is attributable (wholly or partly) to that service.