Section 3 Duty to assess and notice of outcome of assessmentI1

England and Wales Not yet in force

(1)

The 2014 Act is amended as follows.

(2)

In section 62 (duty to assess)—

(a)

in subsection (3), after “applies” insert “and, in sections 85, 86 and 88 only, includes a person who has applied to a local housing authority for accommodation or help in retaining or obtaining accommodation but the authority has decided not to carry out an assessment of the person’s case”;

(b)

in subsection (5)(c)—

(i)

the words from “to retain” to the end become sub-paragraph (i);

(ii)

after “available” insert

“, or

(ii)

to overcome any barrier to living independently”;

(c)

in subsection (5), after paragraph (c) insert—

“(ca)

the support needed by the applicant to make communication with the applicant in the exercise of functions under this Chapter accessible to the applicant;”;

(d)

in subsection (6)—

(i)

for paragraph (a) substitute—

“(a)

seek the views of the applicant on the matters that it must assess under paragraphs (a) to (ca) of subsection (5) and have regard to those views;”;

(ii)

for paragraph (b) substitute—

“(b)

make inquiries relevant to the assessment regarding the personal characteristics and circumstances of the applicant and any member of the applicant’s household.”;

(e)

in subsection (7), for “subsections (5) and (6)” substitute “subsection (5)”;

(f)

omit subsections (9), (10) and (11).

(3)

In section 63 (notice of the outcome of assessment)—

(a)

in the heading, after “assessment” insert “and decisions”;

(b)

before subsection (1) insert—

“(A1)

If a local housing authority decides not to carry out an assessment of the case of a person who has applied to the authority under section 62, the authority must notify the person and inform the person of the reasons for its decision.”;

(c)

in subsection (1), after “its assessment)” insert “in respect of the matters described in section 62(4) and in paragraphs (a) to (d) of section 62(5)”;

(d)

in subsection (4)—

(i)

after “subsection” insert “(A1),”;

(ii)

in paragraph (a), after “review of the” insert “assessment or”.

Annotations

Commencement

I1: S. 3 not in force at Royal Assent, see s. 43(2)