7. The Allocation of Housing and Homelessness (Eligibility) (Wales) (Amendment) (No. 2) Regulations 2019

Part of the debate – in the Senedd at 6:19 pm on 16 July 2019.

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Photo of Julie James Julie James Labour 6:19, 16 July 2019

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.