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The Allocation of Housing and Homelessness (Eligibility)​ (Wales) (Amendment) Regulations 2026

The Regulations introduce additional eligibility classes into the Allocation of Housing and Homelessness (Eligibility) (Wales) Regulations 2014. Where these new classes apply, the habitual residence test is waived when determining eligibility for housing accommodation or assistance.

The new eligibility classes apply to people who:

  • were residing in a country or territory when His Majesty’s Government provided public information advising British nationals to leave, or when an evacuation operation was undertaken,
  • have a right to enter or remain in the United Kingdom with access to public funds (including British nationals and certain people with immigration leave), and
  • make an application for housing accommodation or assistance within six months of the relevant UK Government advice or the start of evacuation activity (whichever is later).

These individuals are eligible to apply for social housing or housing assistance in Wales without needing to satisfy the habitual residence test, provided they apply within six months of the relevant UK Government advice or the start of evacuation activity (whichever is later).

The Regulations affect eligibility only. They do not guarantee an allocation of social housing or that a homelessness duty will be owed. Local authorities should continue to assess all applications in the usual way.

The amending Regulations came into force on 30 March 2026 and are available here: Rheoliadau Dyrannu Tai a Digartrefedd (Cymhwystra) (Cymru) (Diwygio) 2026 The Allocation of Housing and Homelessness (Eligibility) (Wales) (Amendment) Regulations 2026

The Integrated Impact Assessment is available here: Amendments to the Allocation of Housing and Homelessness (Eligibility) (Wales) Regulations 2014: integrated impact assessment | GOV.WALES