The Allocation of Housing and Homelessness (Eligibility) (Wales) (Amendment) Regulations 2023

Made25 January 2023

Coming into force30 January 2023

The Welsh Ministers make the following Regulations in exercise of the powers conferred on them by section 160A(3)1 of the Housing Act 19962 and section 61 of and paragraph 1(2) of Schedule 2 to, the Housing (Wales) Act 20143.

In accordance with section 142(3)(b)(ii) of the Housing (Wales) Act 2014, a draft of these Regulations has been laid before, and approved by a resolution of, Senedd Cymru4.

Title and commencementI11

The title of these Regulations is the Allocation of Housing and Homelessness (Eligibility) (Wales) (Amendment) Regulations 2023 and they come into force on 30 January 2023.

Amendment of the Allocation of Housing and Homelessness (Eligibility) (Wales) Regulations 2014I22

The Allocation of Housing and Homelessness (Eligibility) (Wales) Regulations 20145 are amended in accordance with regulations 3 and 4.

Amendments to regulation 3I33

In regulation 3 (persons subject to immigration control who are eligible for an allocation of housing accommodation)—

a

omit the “and” immediately following paragraph (k),

b

at the end of paragraph (l), for “.” substitute “; and”, and

c

after paragraph (l) insert—

m
Class M – a person who has temporary leave to remain in the United Kingdom granted in accordance with Appendix Temporary Permission to Stay for Victims of Human Trafficking or Slavery of the Immigration Rules6.

Amendments to regulation 5I44

In regulation 5(1) (persons subject to immigration control who are eligible for housing assistance)—

a

omit the “and” immediately following sub-paragraph (l),

b

at the end of sub-paragraph (m), for “.” substitute “; and”, and

c

after sub-paragraph (m) insert—

n
Class N – a person who has temporary leave to remain in the United Kingdom granted in accordance with Appendix Temporary Permission to Stay for Victims of Human Trafficking or Slavery of the Immigration Rules.

Julie JamesMinister for Climate Change, one of the Welsh Ministers25 January 2023

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Allcation of Housing and Homelessness (Eligibility) (Wales) Regulations 2014 (S.I. 2014/2603 (W. 257)) (“the 2014 Regulations”) which make provision for which persons subject to immigration control are eligible for an allocation of housing accommodation and for housing assistance.

Regulation 3 amends regulation 3 of the 2014 Regulations which relates to the eligibility of persons subject to immigration control for an allocation of housing accommodation under Part 6 the Housing Act 1996 Act (“the 1996 Act”). It prescribes an additional class of persons (“Class M”) subject to immigration control who are eligible for an allocation of housing accommodation under the 1996 Act.

Class M applies to persons who are victims of human trafficking or slavery and who have been granted temporary leave to remain in the United Kingdom in accordance with the Immigration Rules made under section 3(2) of the Immigration Act 1971 (c. 77).

Regulation 4 amends regulation 5(1) of the 2014 Regulations which relates to the eligibility of persons subject to immigration control for housing assistance under section 66, 68, 73 or 75 of the Housing (Wales) Act 2014. It prescribes an additional class of persons (“Class N”) who are eligible for such assistance. This class is equivalent to Class M inserted by regulation 3.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Welsh Government, Cathays Park, Cardiff CF10 3NQ and on the Welsh Government’s website at www.gov.wales.