The Allocation of Housing and Homelessness (Eligibility) (Wales) Regulations 2014

W.S.I. 2014/2603 · Made 24 September 2014 · Extends to England and Wales

Not fully up to date. 5 changes made by later legislation have not yet been written into this text, which is revised to 30 March 2026.

See the changes not yet applied

Provision	Change	Made by
reg. 5(1)	expiry of amendments by W.S.I. 2026/93, regs. 3-7	Allocation of Housing and Homelessness (Eligibility) 2026 reg. 8
reg. 6(2)	expiry of amendments by W.S.I. 2026/93, regs. 3-7	Allocation of Housing and Homelessness (Eligibility) 2026 reg. 8
reg. 2(1)	expiry of amendment by W.S.I. 2026/93, regs. 3-7	Allocation of Housing and Homelessness (Eligibility) 2026 reg. 8
reg. 3	expiry of amendments by W.S.I. 2026/93, regs. 3-7	Allocation of Housing and Homelessness (Eligibility) 2026 reg. 8
reg. 4(2)	expiry of amendments by W.S.I. 2026/93, regs. 3-7	Allocation of Housing and Homelessness (Eligibility) 2026 reg. 8

Housing, Wales

Made 24 September 2014

Laid before the National Assembly for Wales 1 October 2014

Coming into force 31 October 2014

The Welsh Ministers make the following Regulations in exercise of the powers conferred on the Secretary of State by sections 160A(3) and (5), 172(4), 185(2) and (3) and 215(2) of the Housing Act 1996^f1, and which are now vested in the Welsh Ministers^f2:

Annotations to the whole text

Footnotes

f1: 1996 c. 52. Section 160A was added by section 14(2) of the Homelessness Act 2002 (c. 7) and amended by the Localism Act 2011 (c. 20). Section 185 was amended by section 18(1) of, and paragraphs 2 and 7(1) of Schedule 1 to the Homelessness Act 2002 and by section 314 of, and paragraphs 1 and 4 of Schedule 15 to the Housing and Regeneration Act 2008 (c. 17).
f2: The functions of the Secretary of State under Part 6 and Part 7 of the Housing Act 1996 were, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), article 2 and Schedule 1, and section 17(1) of the Homelessness Act 2002. Those functions were subsequently transferred to the Welsh Ministers by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32). The functions under section 185 are exercisable concurrently with the Secretary of State.

1Title, commencement and application
2Interpretation
3Persons subject to immigration control who are eligible for an allocation of housing accommodation
4Other persons from abroad who are ineligible for an allocation of housing accommodation
5Persons subject to immigration control who are eligible for housing assistance
6Other persons from abroad who are ineligible for housing assistance
7Revocations
8Transitional provisions
Signature
Explanatory note

1Title, commencement and applicationI1

(1)

The title of these Regulations is the Allocation of Housing and Homelessness (Eligibility) (Wales) Regulations 2014 and they come into force on 31 October 2014.

(2)

These Regulations apply in relation to Wales.

2InterpretationI1 C1

(1)

In these Regulations—

“the 1996 Act” (“Deddf 1996”) means the Housing Act 1996;
F1“the 2014 Act” (“Deddf 2014”) means the Housing (Wales) Act 2014 (anaw 7);
F2...
“the EEA Regulations” (“Rheoliadau yr AEE”) means the F3Immigration (European Economic Area) Regulations 2016 and references to the EEA Regulations are to be read with Schedule 4 to the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) Regulations 2020;
F4“the Human Rights Convention” (“y Confensiwn Hawliau Dynol”) means the Convention for the Protection of Human Rights and Fundamental Freedoms, agreed by the Council of Europe at Rome on 4^th November 1950 as it has effect for the time being in relation to the United Kingdom;
“the Immigration Rules” (“y Rheolau Mewnfudo”) means the rules laid down as mentioned in section 3(2) of the Immigration Act 1971^f1 (general provisions for regulation and control);
“the Refugee Convention” (“y Confensiwn ynglŷn â Ffoaduriaid”) means the Convention relating to the Status of Refugees done at Geneva on 28 July 1951, as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31 January 1967; and
“sponsor” (“noddwr”) means a person who has given an undertaking in writing for the purposes of the Immigration Rules to be responsible for the maintenance and accommodation of another person.

(2)

For the purposes of these Regulations—

(a)

“jobseeker” (“ceisiwr gwaith”), “self-employed person” (“person hunangyflogedig”), and “worker” (“gweithiwr”) have the same meaning as for the purposes of the definition of a “qualified person” in regulation 6(1) of the EEA Regulations^f2; and

F5(ab)

“frontier worker” (“gweithiwr trawsffiniol”) means a person who is a frontier worker within the meaning of regulation 3 of the Citizens' Rights (Frontier Workers) (EU Exit) Regulations;

(b)

subject to paragraph (3), references to the family member of a jobseeker, self-employed person, F6 worker or frontier worker are to be construed in accordance with regulation 7 of F7the EEA Regulations.

(3)

For the purposes of regulations 4(2)(d) F8and (h) and 6(2)(d) and (h) “family member” (“aelod o deulu”) does not include a person who is treated as a family member by virtue of regulation 7(3) of the EEA Regulations.

3Persons subject to immigration control who are eligible for an allocation of housing accommodationI1

The following classes of persons subject to immigration control are persons who are eligible for an allocation of housing accommodation under Part 6 of the 1996 Act—

(a)

Class A – a person who is recorded by the Secretary of State as a refugee within the definition in Article 1 of the Refugee Convention and who has leave to enter or remain in the United Kingdom;

(b)

Class B – a person—

(i)

who has exceptional leave to enter or remain in the United Kingdom granted outside the provisions of the Immigration Rules; and

(ii)

whose leave to enter or remain is not subject to a condition requiring that person to maintain and accommodate themselves, and any person who is dependant on that person, without recourse to public funds;

(c)

Class C – a person who is habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland and whose leave to enter or remain in the United Kingdom is not subject to any limitation or condition, other than a person—

(i)

who has been given leave to enter or remain in the United Kingdom upon an undertaking given by the person’s sponsor;

(ii)

who has been resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland for less than five years beginning on the date of entry or on the date on which the undertaking was given in respect of the person, whichever date is the later; and

(iii)

whose sponsor or, where there is more than one sponsor, at least one of whose sponsors is still alive;

(d)

Class D – a person who has humanitarian protection granted under the Immigration Rules; F1...

(e)

Class E – a person who is habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland and who has limited leave to enter the United Kingdom as a relevant Afghan citizen under paragraph 276BA1 of the Immigration Rules; F2...

F3(f)

Class F – a person who has limited leave to enter or remain in the United Kingdom on family or private life grounds under Article 8 of the Human Rights Convention, such leave granted under paragraph 276BE(1), paragraph 276DG or Appendix FM of the Immigration Rules, and who is not subject to a condition requiring that person to maintain and accommodate themselves, and any person who is dependent on that person, without recourse to public funds F4; F5...

F6(g)

Class G – a person who is habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland and who has been relocated to the United Kingdom under section 67 of the Immigration Act 2016 and has limited leave to remain under paragraph 352ZH of the immigration rules; F7...

(h)

Class H – a person who is habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland and who has been granted Calais leave to remain in the United Kingdom under paragraph 352J of the immigration rules F8; F9...

F10(i)

Class I – a person who is habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland and who has limited leave to remain in the United Kingdom as a stateless person under paragraph 405 of the Immigration Rules F11;

F12(j)

Class J – a person—

(i)

who has limited leave to enter or remain in the United Kingdom by virtue of Appendix Hong Kong British National (Overseas) of the Immigration Rules;

(ii)

whose leave to enter or remain is not subject to a condition requiring that person to maintain and accommodate themselves, and any person who is dependent on that person, without recourse to public funds; and

(iii)

who is habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland;F13...

(k)

Class K – a person—

(i)

who is granted leave to enter or remain in the United Kingdom in accordance with the Immigration Rules, where such leave is granted by virtue of—

(aa)

the Afghan Relocations and Assistance Policy; or

(bb)

the previous scheme for locally-employed staff in Afghanistan (sometimes referred to as the ex-gratia scheme); or

(ii)

with leave to enter or remain in the United Kingdom not coming within sub-paragraph (i), who left Afghanistan in connection with the collapse of the Afghan government that took place on 15 August 2021, but excluding a person (P)—

(aa)

who is subject to a condition requiring P to maintain and accommodate themselves, and any person who is dependent on P, without recourse to public funds; or

(bb)

who has been given leave to enter or remain in the United Kingdom upon an undertaking given by P’s sponsor and has been resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland for less than five years beginning on the date of entry or the date on which P’s sponsor gave the undertaking in respect of P, whichever date is the later, and whose sponsor or, where there is more than one sponsor, at least one of whose sponsors, is still alive F14; F15...

F16(l)

Class L – a person who has been granted leave to enter or remain in the United Kingdom by virtue of Appendix Ukraine Scheme of the Immigration Rules F17; F18...

F19(m)

Class M – a person who has temporary leave to remain in the United Kingdom granted in accordance with Appendix Temporary Permission to Stay for Victims of Human Trafficking or Slavery of the Immigration Rules F20; F21...

F22(n)

Class N – a person who—

(i)

was residing in Sudan before 15 April 2023;

(ii)

left Sudan in connection with the violence which rapidly escalated on 15 April 2023 in Khartoum and across Sudan;

(iii)

has leave to enter or remain in the United Kingdom given in accordance with the Immigration Rules;

(iv)

is not a person whose leave is subject to a condition requiring that person to maintain and accommodate themself, and any person who is dependent on that person, without recourse to public funds; and

(v)

is not a person (P)—

(aa)

who has been given leave upon an undertaking given by P’s sponsor;

(bb)

who has been resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland for less than five years beginning on the date of entry or the date on which P’s sponsor gave the undertaking in respect of P, whichever date is the later; and

(cc)

whose sponsor or, where there is more than one sponsor, at least one of whose sponsors, is still alive F23; F24...

F25(o)

Class O – a person who—

(i)

was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7 October 2023;

(ii)

left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7 October 2023 or the violence which rapidly escalated in the region following the attack;

(iii)

has leave to enter or remain in the United Kingdom given in accordance with the Immigration Rules;

(iv)

is not a person whose leave is subject to a condition requiring that person to maintain and accommodate themself, and any person who is dependent on that person, without recourse to public funds; and

(v)

is not a person (P)—

(aa)

who has been given leave upon an undertaking given by P’s sponsor;

(bb)

(cc)

whose sponsor or, where there is more than one sponsor, at least one of whose sponsors, is still alive.

F26(p)

Class P – a person (P) who has indefinite leave to enter the United Kingdom by virtue of Appendix Victim of Domestic Abuse of the Immigration Rules in circumstances where P is a victim of transnational marriage abandonment; F27...

(q)

Class Q – a person who has limited leave to enter or limited leave to remain in the United Kingdom and who, after making a change of conditions application, has had their no recourse to public funds condition lifted by the Home Office in accordance with section 3(1)(c)(ii) of the Immigration Act 1971 and is not a person within Class F or Class J in this regulation F28; ~~F29and~~

F30(r)

Class R – a person who—

(i)

was residing in Israel, the West Bank, the Gaza Strip or East Jerusalem on or before 23 June 2025;

(ii)

left Israel, the West Bank, the Gaza Strip or East Jerusalem in connection with the conflict between Israel and Iran which escalated in June 2025;

(iii)

has leave to enter or remain in the United Kingdom given in accordance with the Immigration Rules;

(iv)

is not a person whose leave is subject to a condition requiring that person to maintain and accommodate themselves, and any person who is dependent on that person, without recourse to public funds;

(v)

is not a person (P)—

(aa)

who has been given leave upon an undertaking given by P’s sponsor;

(bb)

(cc)

whose sponsor or, where there is more than one sponsor, at least one of whose sponsors, is still alive; and

(vi)

within 6 months beginning with the date on which His Majesty’s Government first published advice to British nationals to leave Israel, the West Bank, the Gaza Strip or East Jerusalem, or from the date of the first evacuation from Israel, the West Bank, the Gaza Strip or East Jerusalem, whichever is later, made an application for an allocation of housing accommodation under Part 6 of the 1996 Act~~F31.~~ ; and

F32(s)

Class S – a person who—

(i)

was residing in a country or territory and left that country or territory when His Majesty’s Government provided public information to advise British nationals to leave that country or territory or arranged an evacuation of British nationals from that country or territory,

(ii)

has leave to enter or remain in the United Kingdom given in accordance with the Immigration Rules,

(iii)

is not a person whose leave is subject to a condition requiring that person to maintain and accommodate themself, and any person who is dependent on that person, without recourse to public funds,

(iv)

is not a person (P)—

(aa)

who has been given leave upon an undertaking given by P’s sponsor,

(bb)

(cc)

whose sponsor or, where there is more than one sponsor, at least one of whose sponsors, is still alive, and

(v)

made an application for housing accommodation under Part 6 of the 1996 Act within the period of 6 months beginning with the date on which His Majesty’s Government first provided public information to advise British nationals to leave that country or territory, or the first day of an evacuation operation by His Majesty’s Government of British nationals from that country or territory, whichever is later.

4Other persons from abroad who are ineligible for an allocation of housing accommodationI1 C1

(1)

A person who is not subject to immigration control is to be treated as a person from abroad who is ineligible for an allocation of housing accommodation under Part 6 of the 1996 Act if—

(a)

subject to paragraph (2), the person is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man, or the Republic of Ireland;

(b)

the person’s only right to reside in the United Kingdom—

(i)

is derived from the person’s status as a jobseeker or a family member of a jobseeker; or

(ii)

is an initial right to reside for a period not exceeding three months under regulation 13 of the EEA Regulations^f1; or

(iii)

is a derivative right to reside to which the person is entitled under F1regulation 16(1) of the EEA Regulations, but only in a case where the right exists under that regulation because the applicant satisfies the criteria in F2regulation 16(5) of those Regulations^f2; or

F3(iv)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(c)

the person's only right to reside in the Channel Islands, the Isle of Man or the Republic of Ireland is a right equivalent to one of those mentioned in sub-paragraph (b)(i),(ii) or (iii)

F5(1A)

For the purposes of determining whether the only right to reside that a person has is of a kind mentioned in paragraph (1)(b) or (c), a right to reside by virtue of having been granted

(F6a)

limited leave to enter or remain in the United Kingdom under the Immigration Act 1971 by virtue of Appendix EU to the immigration rules; or

(b)

leave to enter the United Kingdom by virtue of an entry clearance that was granted under Appendix EU (Family Permit) to the immigration rules,

is to be disregarded.

(2)

The following are not to be treated as persons from abroad who are ineligible for an allocation of housing accommodation pursuant to paragraph (1)(a)—

(a)

a worker;

(b)

a self-employed person;

F7(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)

a person who is the family member of a person specified in sub-paragraphs F8(a) or (b);

(e)

a person with a right to reside permanently in the United Kingdom by virtue of regulation 15(1)(c), (d) or (e) of the EEA Regulations; and

(f)

a person who is in the United Kingdom as a result of the person’s deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom.

F9(g)

a frontier worker; F10...

(h)

a person who—

(i)

is a family member of a person specified in sub-paragraph (g); and

(ii)

has a right to reside by virtue of having been granted limited leave to enter or remain in the United Kingdom under the Immigration Act 1971 by virtue of Appendix EU to the immigration rules made under section 3 of that Act F11; F12...

F13(i)

a person who left Afghanistan in connection with the collapse of the Afghan government that took place on 15 August 2021 F14; F15...

F16(j)

a person who was residing in Ukraine immediately before 1 January 2022 and who left Ukraine in connection with the Russian invasion which took place on 24 February 2022 F17; F18...

F19(k)

a person who was residing in Sudan before 15 April 2023 and left Sudan in connection with the violence which rapidly escalated on 15 April 2023 in Khartoum and across Sudan F20; F21...

F22(l)

a person who was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7 October 2023 and who left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7 October 2023 or the violence which rapidly escalated in the region following the attack F23; ~~F24and~~

F25(m)

a person who—

(i)

was residing in Israel, the West Bank, the Gaza Strip or East Jerusalem on or before 23 June 2025;

(ii)

left Israel, the West Bank, the Gaza Strip or East Jerusalem in connection with the conflict between Israel and Iran which escalated in June 2025; and

(iii)

within 6 months beginning with the date on which His Majesty’s Government first published advice to British nationals to leave Israel, the West Bank, the Gaza Strip or East Jerusalem, or the date of the first evacuation from Israel, the West Bank, the Gaza Strip or East Jerusalem, whichever is later, made an application for an allocation of housing accommodation under Part 6 of the 1996 Act~~F26.~~ ; and

F27(n)

a person who—

(i)

(ii)

5Persons subject to immigration control who are eligible for housing assistanceI1

(1)

The following classes of persons subject to immigration control are persons who are eligible for housing assistance under Part 7 of the 1996 Act—

(a)

Class A – a person who is recorded by the Secretary of State as a refugee within the definition in Article 1 of the Refugee Convention and who has leave to enter or remain in the United Kingdom;

(b)

Class B – a person—

(i)

who has exceptional leave to enter or remain in the United Kingdom granted outside the provisions of the Immigration Rules; and

(ii)

(c)

(i)

who has been given leave to enter or remain in the United Kingdom upon an undertaking given by the person’s sponsor;

(ii)

(iii)

whose sponsor or, where there is more than one sponsor, at least one of whose sponsors is still alive;

(d)

Class D – a person who has humanitarian protection granted under the Immigration Rules;

F1(e)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)

Class F – a person who is habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland and who has limited leave to enter the United Kingdom as a relevant Afghan citizen under paragraph 276BA1 of the Immigration Rules F2; F3...

F4(g)

Class G - a person who has limited leave to enter or remain in the United Kingdom on family or private life grounds under Article 8 of the Human Rights Convention, such leave granted under paragraph 276BE(1), paragraph 276DG or Appendix FM of the Immigration Rules, and who is not subject to a condition requiring that person to maintain and accommodate themselves, and any person who is dependent on that person, without recourse to public fundsF5; F6...

F7(h)

Class H – a person who is habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland and who has been relocated to the United Kingdom under section 67 of the Immigration Act 2016 and has limited leave to remain under paragraph 352ZH of the immigration rules;F8...

(i)

Class I – a person who is habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland and has Calais Leave to remain under paragraph 352J of the immigration rules F9; F10...

F11(j)

Class J – a person who is habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland and who has limited leave to remain in the United Kingdom as a stateless person under paragraph 405 of the Immigration Rules F12;

F13(k)

Class K – a person—

(i)

who has limited leave to enter or remain in the United Kingdom by virtue of Appendix Hong Kong British National (Overseas) of the Immigration Rules;

(ii)

(iii)

who is habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland; F14...

(l)

Class L – a person—

(i)

who is granted leave to enter or remain in the United Kingdom in accordance with the Immigration Rules, where such leave is granted by virtue of—

(aa)

the Afghan Relocations and Assistance Policy; or

(bb)

the previous scheme for locally-employed staff in Afghanistan (sometimes referred to as the ex-gratia scheme); or

(ii)

with leave to enter or remain in the United Kingdom not coming within paragraph (i), who left Afghanistan in connection with the collapse of the Afghan government that took place on 15 August 2021, but excluding a person (P)—

(aa)

who is subject to a condition requiring P to maintain and accommodate themselves, and any person who is dependent on P, without recourse to public funds; or

(bb)

F17(m)

Class M – a person who has been granted leave to enter or remain in the United Kingdom by virtue of Appendix Ukraine Scheme of the Immigration Rules F18; F19...

F20(n)

Class N – a person who has temporary leave to remain in the United Kingdom granted in accordance with Appendix Temporary Permission to Stay for Victims of Human Trafficking or Slavery of the Immigration Rules F21; F22...

F23(o)

Class O – a person who—

(i)

was residing in Sudan before 15 April 2023;

(ii)

left Sudan in connection with the violence which rapidly escalated on 15 April 2023 in Khartoum and across Sudan;

(iii)

has leave to enter or remain in the United Kingdom given in accordance with the Immigration Rules;

(iv)

is not a person whose leave is subject to a condition requiring that person to maintain and accommodate themself, and any person who is dependent on that person, without recourse to public funds; and

(v)

is not a person (P)—

(aa)

who has been given leave upon an undertaking given by P’s sponsor;

(bb)

(cc)

whose sponsor or, where there is more than one sponsor, at least one of whose sponsors, is still alive F24; F25...

F26(p)

Class P – a person who—

(i)

was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7 October 2023;

(ii)

(iii)

has leave to enter or remain in the United Kingdom given in accordance with the Immigration Rules;

(iv)

is not a person whose leave is subject to a condition requiring that person to maintain and accommodate themself, and any person who is dependent on that person, without recourse to public funds; and

(v)

is not a person (P)—

(aa)

who has been given leave upon an undertaking given by P’s sponsor;

(bb)

(cc)

whose sponsor or, where there is more than one sponsor, at least one of whose sponsors, is still alive.

F27(q)

Class Q – a person (P) who has indefinite leave to enter the United Kingdom by virtue of Appendix Victim of Domestic Abuse of the Immigration Rules in circumstances where P is a victim of transnational marriage abandonment; F28...

(r)

Class R – a person who has limited leave to enter or limited leave to remain in the United Kingdom and who, after making a change of conditions application, has had their no recourse to public funds condition lifted by the Home Office in accordance with section 3(1)(c)(ii) of the Immigration Act 1971 and is not a person within Class G or Class K in this regulation F29; ~~F30and~~

F31(s)

Class S – a person who—

(i)

was residing in Israel, the West Bank, the Gaza Strip or East Jerusalem on or before 23 June 2025;

(ii)

left Israel, the West Bank, the Gaza Strip or East Jerusalem in connection with the conflict between Israel and Iran which escalated in June 2025;

(iii)

has leave to enter or remain in the United Kingdom given in accordance with the Immigration Rules;

(iv)

is not a person whose leave is subject to a condition requiring that person to maintain and accommodate themselves, and any person who is dependent on that person, without recourse to public funds;

(v)

is not a person (P)—

(aa)

who has been given leave upon an undertaking given by P’s sponsor;

(bb)

(cc)

whose sponsor or, where there is more than one sponsor, at least one of whose sponsors, is still alive; and

(vi)

within 6 months beginning with the date on which His Majesty’s Government first published advice to British nationals to leave Israel, the West Bank, the Gaza Strip or East Jerusalem, or the date of the first evacuation from Israel, the West Bank, the Gaza Strip or East Jerusalem, whichever is later, made an application for housing assistance under Part 7 of the 1996 Act~~F32.~~ ; and

F33(t)

Class T – a person who—

(i)

(ii)

has leave to enter or remain in the United Kingdom given in accordance with the Immigration Rules,

(iii)

is not a person whose leave is subject to a condition requiring that person to maintain and accommodate themself, and any person who is dependent on that person, without recourse to public funds,

(iv)

is not a person (P)—

(aa)

who has been given leave upon an undertaking given by P’s sponsor,

(bb)

(cc)

whose sponsor or, where there is more than one sponsor, at least one of whose sponsors, is still alive, and

(v)

made an application for housing assistance under Chapter 2 of Part 2 of the 2014 Act within the period of 6 months beginning with the date on which His Majesty’s Government first provided public information to advise British nationals to leave that country or territory, or the first day of an evacuation operation by His Majesty’s Government of British nationals from that country or territory, whichever is later.

F34(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6Other persons from abroad who are ineligible for housing assistanceI1 C1

(1)

A person who is not subject to immigration control is to be treated as a person from abroad who is ineligible for housing assistance under Part 7 of the 1996 Act if—

(a)

subject to paragraph (2), the person is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man, or the Republic of Ireland;

(b)

the person’s only right to reside in the United Kingdom—

(i)

is derived from the person’s status as a jobseeker or a family member of a jobseeker; or

(ii)

is an initial right to reside for a period not exceeding three months under regulation 13 of the EEA Regulations; or

(iii)

F3(iv)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(c)

the person's only right to reside in the Channel Islands, the Isle of Man or the Republic of Ireland is a right equivalent to one of those mentioned in sub-paragraph (b)(i), (ii) or (iii)

F5(1A)

For the purposes of determining whether the only right to reside that a person has is of a kind mentioned in paragraph (1) (b) and (c), a right to reside by virtue of having been granted

(F6a)

limited leave to enter or remain in the United Kingdom under the Immigration Act 1971 by virtue of Appendix EU to the immigration rules; or

(b)

leave to enter the United Kingdom by virtue of an entry clearance that was granted under Appendix EU (Family Permit) to the immigration rules,

is to be disregarded.

(2)

The following are not to be treated as persons from abroad who are ineligible for F7housing assistance pursuant to paragraph (1)(a)—

(a)

a worker;

(b)

a self-employed person;

F8(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)

a person who is the family member of a person specified in sub-paragraphs F9(a) or (b);

(e)

a person with a right to reside permanently in the United Kingdom by virtue of regulation 15(1)(c), (d) or (e) of the EEA Regulations; and

(f)

a person who is in the United Kingdom as a result of the person’s deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom.

F10(g)

a frontier worker; F11...

(h)

a person who—

(i)

is a family member of a person specified in sub-paragraph (g); and

(ii)

F14(i)

a person who left Afghanistan in connection with the collapse of the Afghan government that took place on 15 August 2021 F15; F16...

F17(j)

a person who was residing in Ukraine immediately before 1 January 2022 and who left Ukraine in connection with the Russian invasion which took place on 24 February 2022 F18; F19...

F20(k)

a person who was residing in Sudan before 15 April 2023 and left Sudan in connection with the violence which rapidly escalated on 15 April 2023 in Khartoum and across Sudan F21; F22...

F23(l)

F26(m)

a person who—

(i)

was residing in Israel, the West Bank, the Gaza Strip or East Jerusalem on or before 23 June 2025;

(ii)

left Israel, the West Bank, the Gaza Strip or East Jerusalem in connection with the conflict between Israel and Iran which escalated in June 2025; and

(iii)

within 6 months beginning with the date on which His Majesty’s Government first published advice to British nationals to leave Israel, the West Bank, the Gaza Strip or East Jerusalem, or the date of the first evacuation from Israel, the West Bank, the Gaza Strip or East Jerusalem, whichever is later, made an application for housing assistance under Part 7 of the 1996 Act~~F27.~~ ; and

F28(n)

a person who—

(i)

(ii)

7RevocationsI1

Subject to regulation 8, the following are revoked—

(a)

regulations 4 and 5 of the Allocation of Housing (Wales) Regulations 2003^f1;

(b)

the Homelessness (Wales) Regulations 2006^f2;

(c)

the Allocation of Housing (Wales) (Amendment) Regulations 2006^f3; and

(d)

the Allocation of Housing and Homelessness (Eligibility) (Wales) Regulations 2009^f4.

8Transitional provisionsI1

The revocations made by these Regulations do not have effect in relation to an applicant whose application for—

(a)

an allocation of housing accommodation under Part 6 of the 1996 Act; or

(b)

housing assistance under Part 7 of the 1996 Act,

was made before the coming into force of these Regulations.

Signature

Lesley Griffiths

Minister for Communities and Tackling Poverty, one of the Welsh Ministers

Explanatory note

(This note is not part of the Regulations)

These Regulations make provision for which persons from abroad will be eligible or ineligible for an allocation of housing accommodation under Part 6 of the Housing Act 1996 (“the Act”) and for housing assistance under Part 7 of the Act. These Regulations apply in relation to Wales only.

By virtue of section 160A(1) and (3) of the Act, a local housing authority must not allocate housing accommodation under Part 6 of the Act to persons from abroad who are subject to immigration control (within the meaning of the Asylum and Immigration Act 1996 (c.49)) unless they are of a class prescribed by the Welsh Ministers. Similarly, section 185(2) of the Act provides that such persons are not eligible for housing assistance under Part 7 of the Act unless they are of a class which is so prescribed by the Welsh Ministers, or by the Secretary of State.

By virtue of section 160A(1) and (5) of the Act, 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 Part 6 of the Act. Similarly, section 185(3) of the Act provides that the Welsh Ministers, or the Secretary of State, may make provision by regulations as to the descriptions of persons who (whilst not subject to immigration control) are to be treated as persons from abroad who are ineligible for housing assistance under Part 7 of the Act.

By regulations 3 and 5 of these Regulations, the Welsh Ministers prescribe those classes of person subject to immigration control who are eligible for an allocation of housing accommodation, or for housing assistance, respectively.

By regulations 4 and 6 of these Regulations, the Welsh Ministers prescribe the classes of person who (whilst not subject to immigration control) are to be treated as persons from abroad who are ineligible for an allocation of housing accommodation, or for housing assistance, respectively.

Regulation 7 revokes the provisions which are replaced by these Regulations, and regulation 8 makes transitional provisions in relation to applications for an allocation of housing accommodation or housing assistance before the commencement of these Regulations.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.

The Allocation of Housing and Homelessness (Eligibility) (Wales) Regulations 2014

Annotations to the whole text

Footnotes

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