
2023 No. 1211 (W. 214)
Housing, Wales
The Allocation of Housing and Homelessness (Eligibility) (Wales) (Amendment) (No. 3) Regulations 2023
Made 15 November 2023
Coming into force 16 November 2023

The Welsh Ministers make the following Regulations in exercise of the powers conferred on them by sections 160A(3) and (5) and 172(4) of the Housing Act 1996 and section 142(2)(a) and (b) of, and paragraph 1(2) and (4) of Schedule 2 to, the Housing (Wales) Act 2014.

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 Cymru.
Title and coming into force
1 
The title of these Regulations is the Allocation of Housing and Homelessness (Eligibility) (Wales) (Amendment) (No. 3) Regulations 2023 and they come into force on 16 November 2023.
Amendment of the Allocation of Housing and Homelessness (Eligibility) (Wales) Regulations 2014
2 
The Allocation of Housing and Homelessness (Eligibility) (Wales) Regulations 2014 are amended as follows.
Amendments to regulation 3
3 
In regulation 3 (persons subject to immigration control who are eligible for an allocation of housing accommodation)—
(a) omit the “and” after paragraph (m);
(b) at the end of paragraph (n), for “.” substitute “; and”;
(c) after paragraph (n) insert—“
(o) Class O – a person who—
(i) was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7 October 2023;
(ii) left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7 October 2023 or the violence which rapidly escalated in the region following the attack;
(iii) has leave to enter or remain in the United Kingdom given in accordance with the Immigration Rules;
(iv) is not a person whose leave is subject to a condition requiring that person to maintain and accommodate themself, and any person who is dependent on that person, without recourse to public funds; and
(v) is not a person (P)—(aa) who has been given leave upon an undertaking given by P’s sponsor;(bb) who has been resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland for less than five years beginning on the date of entry or the date on which P’s sponsor gave the undertaking in respect of P, whichever date is the later; and(cc) whose sponsor or, where there is more than one sponsor, at least one of whose sponsors, is still alive.”
Amendments to regulation 4
4 
In regulation 4(2) (other persons from abroad who are ineligible for an allocation of housing accommodation)—
(a) omit the “and” after sub-paragraph (j);
(b) at the end of sub-paragraph (k), for “.” substitute “; and”;
(c) after sub-paragraph (k) insert—“
(l) a person who was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7 October 2023 and who left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7 October 2023 or the violence which rapidly escalated in the region following the attack.”
Amendments to regulation 5
5 
In regulation 5(1) (persons subject to immigration control who are eligible for housing assistance)—
(a) omit the “and” after sub-paragraph (n);
(b) at the end of sub-paragraph (o), for “.” substitute “; and”;
(c) after sub-paragraph (o) insert—“
(p) Class P – a person who—
(i) was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7 October 2023;
(ii) left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7 October 2023 or the violence which rapidly escalated in the region following the attack;
(iii) has leave to enter or remain in the United Kingdom given in accordance with the Immigration Rules;
(iv) is not a person whose leave is subject to a condition requiring that person to maintain and accommodate themself, and any person who is dependent on that person, without recourse to public funds; and
(v) is not a person (P)—(aa) who has been given leave upon an undertaking given by P’s sponsor;(bb) who has been resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland for less than five years beginning on the date of entry or the date on which P’s sponsor gave the undertaking in respect of P, whichever date is the later; and(cc) whose sponsor or, where there is more than one sponsor, at least one of whose sponsors, is still alive.”
Amendments to regulation 6
6 
In regulation 6(2) (other persons from abroad who are ineligible for housing assistance)—
(a) omit the “and” after sub-paragraph (j);
(b) at the end of sub-paragraph (k), for “.” substitute “; and”;
(c) after sub-paragraph (k) insert—“
(l) a person who was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7 October 2023 and who left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7 October 2023 or the violence which rapidly escalated in the region following the attack.”
Julie James
Minister for Climate Change, one of the Welsh Ministers
15 November 2023