The Allocation of Housing and Homelessness (Eligibility) (Wales) (Amendment) Regulations 2026 / Rheoliadau Dyrannu Tai a Digartrefedd (Cymhwystra) (Cymru) (Diwygio) 2026

Explanatory note

Reproduced verbatim from the instrument as published on legislation.gov.uk (Crown Copyright, Open Government Licence v3.0). The note is prepared by the responsible government department and is not part of the instrument itself.

Under section 160A(3) of the Housing Act 1996 (c. 52) (“ the 1996 Act ”), a person who is subject to immigration control is ineligible for an allocation of housing accommodation by a local housing authority unless they come within a class of persons prescribed in regulations made by the Welsh Ministers. Under section 160A(5) the Welsh Ministers may prescribe other classes of persons from abroad who, whilst not subject to immigration control, are ineligible for an allocation of housing accommodation.

Under paragraph 1(2) of Schedule 2 to the Housing (Wales) Act 2014 (anaw 7) (“ the 2014 Act ”), a person who is subject to immigration control is ineligible for housing assistance under Chapter 2 of Part 2 of that Act unless they come within a class of persons prescribed in regulations made by the Welsh Ministers (or the Secretary of State). Under paragraph 1(4) the Welsh Ministers (or the Secretary of State) may by regulations provide for other descriptions of persons who, whilst not subject to immigration control, are ineligible for housing assistance.

These Regulations amend the Allocation 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. The 2014 Regulations also make provision in relation to persons who are not subject to immigration control but are ineligible for an allocation of housing accommodation and housing assistance.

Regulation 4 amends regulation 3 of the 2014 Regulations which prescribes classes of persons subject to immigration control who are eligible for an allocation of housing accommodation under the 1996 Act. Regulation 4 prescribes an additional class of persons (“ Class S ”) subject to immigration control who are eligible for an allocation of housing accommodation under the 1996 Act provided that they make an application for an allocation of housing accommodation within a specified period of time.

Class S applies to certain persons who leave a country or territory when His Majesty’s Government has published advice to British nationals to leave that country or territory, or has arranged the evacuation of British nationals from that country or territory. Such persons will be eligible if they have been given leave to enter or remain in the United Kingdom granted in accordance with the Immigration Rules made under section 3(2) of the Immigration Act 1971 (c. 77) , provided that their leave is not subject to the condition that there must be ‘no recourse to public funds’ and that their leave was not granted because of a maintenance undertaking which is still applicable.

Regulation 5 amends regulation 4(2) of the 2014 Regulations to provide that certain persons who are not subject to immigration control but would be ineligible for an allocation of housing accommodation due to not being habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland, are eligible for an allocation of housing accommodation provided that they make an application within a specified period of time. The persons to whom this amendment applies are those who leave a country or territory when His Majesty’s Government has published advice to British nationals to leave that country or territory, or has arranged the evacuation of British nationals from that country or territory.

Regulation 6 amends regulation 5(1) of the 2014 Regulations which prescribes classes of persons subject to immigration control who are eligible for housing assistance under the 2014 Act. Regulation 6 prescribes an additional class of persons (“ Class T ”) who are eligible for such assistance. Class T is equivalent to Class S inserted by regulation 4.

Regulation 7 amends regulation 6(2) of the 2014 Regulations so that certain persons who are not subject to immigration control but would be ineligible for housing assistance due to not being habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland, are eligible. The persons to whom this amendment applies are the same as those captured by the amendment made by regulation 5.

Regulation 8 provides that the amendments made by regulations 3 to 7 cease to have effect on 30 March 2027, but this does not affect an applicant who has made an application for housing accommodation or assistance prior to this date.

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 .