Article 6 Exceptions

(1)

Article 5 does not apply where—

(a)

the person occupies a basic standard B&B for a period, or a total of periods, which does not exceed 2 weeks;

(b)

the person occupies a higher standard B&B for a period or a total of periods which does not exceed 6 weeks;

(c)

the person occupies a basic standard small B&B for a period or a total of periods which does not exceed 6 weeks, and the local housing authority has, before the expiry of the two-week period referred to in sub-paragraph (a), offered suitable alternative accommodation, but the person has chosen to remain in the said B&B;

(d)

the person occupies a basic standard small B&B after exercising the choice referred to in sub-paragraph (c) above, and the local housing authority has offered suitable alternative accommodation before the end of the six-week period referred to in sub-paragraph (c) above, but the person has chosen to remain in the said B&B; or

(e)

the person occupies a higher standard small B&B, and the local housing authority has offered suitable alternative accommodation, before the expiry of the six-week period referred to in sub-paragraph (b) above, but the person has chosen to remain in the said B&B.

(2)

If the suitable alternative accommodation offered for the purposes of paragraph (1) is shared, it must meet the higher standard.

(3)

In the case of households with dependant children or a pregnant woman, the offer made under sub-paragraphs (d) or (e) must be of suitable self-contained accommodation. In the case of an applicant who is a minor, the offer must be of suitable accommodation with support.

(4)

In calculating a period, or total period, of a person’s occupation of B&B accommodation for the purposes of paragraph (1), there must be disregarded—

(a)

any period before 2 April 2007; and

(b)

where a local housing authority^f1 is subject to the duty under section 193 by virtue of section 200(4)^f2, any period before that authority became subject to that duty.

Annotations

Footnotes

f1: See the definition of local housing authority in section 230 Housing Act 1996
f2: Section 200(4) was substituted by paragraph 15 of Schedule 1 to the Homelessness Act 2002.

Notes on Part 2

Footnotes

f1: Cif: 2 April 2007.