Item 7 is the Allocation of Housing and Homelessness (Eligibility) (Wales) (Amendment) (No.2) Regulations 2019, and I call on the Minister for Housing and Local Government to move the motion—Julie James.

Motion NDM7121 Rebecca Evans

To propose that the National Assembly for Wales; in accordance with Standing Order 27.5:

Approves that the draft The Allocation of Housing and Homelessness (Eligibility) (Wales) (Amendment) (No. 2) Regulations 2019 is made in accordance with the draft laid in the Table Office on 25 June 2019.

Motion moved.

Thank you, Deputy Presiding Officer. I move the motion.

The European Union settlement scheme was introduced in January 2019 and became fully operational across the UK on 30 March 2019. The loophole created by the EU settlement scheme is relevant to individuals who are currently ineligible for housing assistance because they only have one of the rights to reside listed in regulation 6 of the current regulations, and who will obtain limited leave to remain under the EUSS. If such a person gains limited leave to remain under the EU settlement scheme, he or she will have an additional right to reside, which will make them eligible for housing accommodation or housing assistance. This is not an intended consequence of the EUSS. An example of such a person would be a person from one of the nations within the European Economic Area whose only current right to reside is derived from his status as a jobseeker.

A person in that situation would not currently be entitled to housing assistance. However, if that person successfully applies for pre-settled status under the EU settlement scheme, they will have an additional right to reside in the UK. Under the regulations as currently drafted, that person would be entitled to an offer of housing assistance, and so gain an entitlement that they would not have had prior to the introduction of the EU settlement scheme. 

People made eligible for housing assistance by virtue of the loophole created by the EUSS would not be entitled to housing benefit to pay their rent. This would mean that those individuals that are or become dependent on benefits to pay their rent might find themselves falling into rent arrears. The UK Government made this amendment to close this loophole in May this year.

In addition to that amendment, in July 2018 and November 2018 respectively, the UK Government extended eligibility for housing assistance to a specified number of unaccompanied refugee children from other countries in Europe, and those transferred from the Calais refugee camps. These amendment regulations also provide for this amendment in order to extend eligibility to those groups. 

Closing the loophole will bring the Welsh Government in line with the other countries in the UK. Similar amendments to the same set of regulations are also required in relation to eligibility for allocation of housing. Powers to amend the provisions of the regulations to deal with eligibility for allocation of housing are contained in the Housing Act 1996. That Act provides that those amendments are to be made via the negative procedure.

These amendments were laid on 25 June and will come into force on 19 July, which is also the date that we intend these affirmative regulations to come into force. These amendments are technical in nature, and I want to assure Members that my officials will work with local authorities and other organisations to ensure they are aware of these changes.  

I call on the Chair of the Constitutional and Legislative Affairs Committee, Mick Antoniw.

Thank you. Again, we considered these regulations at our meeting on 8 July 2019. We noted that these regulations amend the provisions of the Allocation of Housing and Homelessness (Eligibility) (Wales) Regulations of 2014, the function of which is to prescribe the classes of persons subject to immigration control who are eligible for housing assistance under the Housing (Wales) Act of 2014, as well as the classes of persons from abroad not subject to immigration control, who are ineligible for housing assistance under that Act.

The effect of the amendment to regulation 5 of the 2014 regulations is to make specified unaccompanied refugee children who are entitled to relocation and support and specified people granted Calais leave to remain eligible for housing assistance, subject to some other conditions relating to residency.

The effect of the amendment to regulation 6 of the 2014 regulations is to maintain the status quo. Where specified persons with a right to reside in the UK, the Channel Islands, the Isle of Man or the Republic of Ireland are also granted limited leave to enter or remain in the UK pursuant to appendix EU of the immigration rules, under the European Union settlement scheme, this does not affect their eligibility. That is, they are not made eligible for housing assistance by virtue of having obtained limited leave to remain under the EUSS.

We did not report any issues to the Assembly under Standing Orders 21.2 or 21.3. However, whilst we acknowledge both that we aren’t a policy-specific committee in this matter, and that the regulations do not give effect to any Welsh Government policy changes, we felt it was necessary to take the opportunity to highlight the serious subject matters, such as this, which are often dealt with via subordinate legislation. Thank you, Dirprwy Lywydd.

Thank you. I call on the Minister for Housing and Local Government to reply. 

Thank you, Deputy Presiding Officer, and thank you to Mick Antoniw for those remarks.

It is important we ensure that those resettled in Wales under amendments to UK legislation are able to access housing and homelessness assistance if they need to do so, particularly where they have had to flee their home country and have been subject to the turmoil and stress of war and conflict.

With regard to EEA citizens granted leave to remain in the UK, there does need to be a distinction between those granted settled status and those granted pre-settled status, as there is now. These amendments ensure the distinction remains in place. I urge Members, therefore, to approve the regulations. Diolch.  

Thank you. The proposal is to agree the motion. Does any Member object? No. Therefore, the motion is agreed in accordance with Standing Order 12.36. 

Motion agreed in accordance with Standing Order 12.36.