Explanatory note

These Regulations amend the provisions of the Allocation of Housing (Wales) Regulations 2003 (“the Allocation Regulations”) and the Homelessness (Wales) Regulations 2006 (“the Homelessness Regulations”) which determine which persons from abroad, other than persons subject to immigration control, are ineligible for an allocation of housing accommodation under Part VI of the Housing Act 1996 or for housing assistance under Part VII of that Act.

Regulation 5 of the Allocation Regulations specifies that a person who is not subject to immigration control is ineligible for an allocation if they are not habitually resident in the Common Travel Area unless specifically exempted from that requirement. Regulation 4 of the Homelessness Regulations specify that a person who is not subject to immigration control is ineligible for housing assistance if they are not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland, unless specifically exempted from that requirement. Regulations 2 and 3 amend the Allocation Regulations and the Homelessness Regulations to create such exemptions. The effect of the provisions is that a person not subject to immigration control who is not habitually resident, and who left Zimbabwe and arrived in Great Britain on or after 28 February 2009 having accepted an offer from Her Majesty’s Government of assistance for settlement in the United Kingdom, will be eligible for an allocation of housing accommodation and for housing assistance. However, the exemptions only have effect until 17 March 2011.