Explanatory note

Section 160ZA of the Housing Act 1996 (c. 52) provides that a local housing authority in England may only allocate housing to eligible and qualifying persons. Section 160ZA(7) gives local housing authorities the power to decide what classes of persons are, or are not, qualifying persons, subject to eligibility requirements and regulations under section 160ZA(8).

The Allocation of Housing (Qualification Criteria for Armed Forces) (England) Regulations 2012 (S.I. 2012/1869) (“the principal Regulations”) prescribe criteria which local housing authorities may not use in deciding what classes of persons do not qualify for an allocation of housing. They provide that a local housing authority may not, for that purpose, apply a local connection test to certain persons in or connected to the armed forces, including veterans who have served in the regular armed forces in the five years preceding their application for an allocation of housing.

These Regulations amend the principal Regulations to expand the cohort of veterans of the regular armed forces to whom a local connection test may not be applied. Their effect is that a local housing authority cannot apply a local connection test to any veteran of the regular armed forces when determining whether they qualify for an allocation of housing, regardless of when they last served in those forces.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.