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The Allocation of Housing and Homelessness (Eligibility) (Wales) (Amendment) (No. 3) Regulations 2023 [“the amending Regulations”] amended eligibility for an allocation of housing and housing assistance provided by local authorities to people leaving 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.  The amending regulations ensure the habitual residence test will be disapplied for:

  • People subject to immigration control: 
     
    • a person who was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7th October 2023, and 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 7th October 2023 or the violence which rapidly escalated in the region following the attack;
       
    • that person has been granted leave in accordance with the immigration rules;
       
    • that person’s leave is not subject to a condition requiring them to maintain and accommodate themselves, and any person dependent upon them, without recourse to public funds, and
       
    • their leave was not given as a result of an undertaking that a sponsor would be responsible for the person’s maintenance and accommodation.

However, a person who was sponsored will be eligible for housing assistance if that person has been resident in the Common Travel Area for 5 years since the date of entry (or the date of the sponsorship undertaking, whichever is later) or their sponsor(s) have died.

  • People not subject to immigration control:
     
    • a person who was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7th October 2023, and 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 7th October 2023 or the violence which rapidly escalated in the region following the attack.

The amending Regulations came into force on 16 November 2023, entitling those affected to be able to apply for social housing or housing assistance.