EXPLANATORY NOTE
(This note is not part of the Regulations)
Section 78(2) of the Housing (Wales) Act 2014 (“the Act”) provides that when assessing an applicant for help with homelessness, a local housing authority may not have regard to whether or not an applicant has become homeless intentionally for the purposes of sections 68 and 75, unless it has decided to have regard to one or more of the categories of applicants specified by the Welsh Ministers. Section 78(1) of the Act places an obligation on the Welsh Ministers to make regulations to specify such categories.
In these Regulations, the Welsh Ministers specify a list of categories of applicants for the purposes of section 78. This list is in regulation 2. It is based on section 70 of the Act, which sets out the list of persons who have a priority need for accommodation.
These Regulations, in reliance on the power contained in section 142(2)(c) of the Act, also make incidental, supplementary and transitional provisions. These are described below.
Regulation 3 provides that a local housing authority must give written notice of its decision to have regard to intentionality to the Welsh Ministers, at least 14 days before it takes effect. The notice must specify the category or categories of applicants in relation to which the local housing authority will consider intentionality. The notice must also contain reasons for deciding to have regard to the category or categories specified.
Regulations 4 and 5 make provision for publication of a notice of decision to applicants and stakeholders. In particular, the notice must be published on the local housing authority’s website, if it has one, and a copy of the notice must be made available, without charge, to affected applicants.
Regulation 6 provides that the decision may not be revised more than twice in a 12 month period. It also clarifies that notices of revised decisions must be published in a similar manner to the original notices.
Regulation 7 prevents a local housing authority from considering intentionality in relation to existing applicants to whom the duty under section 62(1) of the Act is owed, prior to a decision by the authority to have regard to intentionality.
Regulation 8 applies to an existing applicant for help, to whom a duty to assess under section 62(1) of the Act is owed at the time of any changes of categories. Regulation 8(1)(a) provides that if such an applicant is in a category which is removed from the list of categories, the authority must no longer have regard to intentionality when assessing the application.
If, on the other hand, such an applicant is in category which is included in a list of categories while the application for assessment is pending, then regulation 8(1)(b) provides that the notice will not affect that applicant and that an authority may not have regard to the intentionality of that applicant.