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

This consultation asks for views on a change to time-limited housing Regulations made this year in Wales. These 2026 Regulations amend principal regulations, which help councils decide who is eligible for housing allocation or housing assistance. The 2026 Regulations create a “general crisis” provision which gives certain persons returning to the UK from international conflict areas immediate eligibility for housing accommodation and assistance. At the moment, the Regulations can be changed in an emergency when eligible British nationals and others with qualifying leave to remain need to leave another country because of a crisis and return to Wales.

The Cabinet Minister for Local Government, Housing and Planning is proposing to make the “general crisis” provision in the 2026 Regulations permanent. This would help returning eligible British nationals and others with qualifying leave to remain access support when they need housing allocation or housing help in Wales. It would provide a clear framework for local authorities in Wales to act more quickly and make clearer decisions. It would also reduce the need to amend the principal Regulations each time there is a crisis in another country or territory where British nationals and certain classes of people reside.

Making the time-limited Regulations permanent would align Wales with other UK administrations, where the law has already been changed to allow eligible people to access support, creating greater consistency across the UK.

After the consultation closes, we will read and think about all the responses. What people tell us may help us decide what to do next. This could mean amending the 2026 Regulations to make them permanent, changing the plan, or deciding not to go ahead. We will explain what we decide and why.

We welcome responses via the online response form or written responses from individuals, communities, organisations and partners across Wales. Responses may draw on formal data, published research, organisational experience, lived experience, case studies, examples of good practice or practical proposals for change.

We particularly welcome evidence that is clear about what action is needed, who needs to be involved, what government can do differently, and how progress could be measured. These questions are intended as a starting point and may be developed further through engagement with partners.

Submit your comments by 18 December 2026 in the following ways:

• complete our online form 
• download and complete our response form, then email it to: homelessnesspolicy@gov.wales 
• download and complete our response form, then post it to:
  
  Homelessness Prevention Legislation team 
  Welsh Government 
  Cathays Park Cardiff 
  CF10 3NQ 

Further information and related documents

Large print, Braille and alternative language versions of this document are available on request.

Contact details

For further information please contact:

Homelessness Prevention Legislation team
Welsh Government 
Cathays Park Cardiff 
CF10 3NQ 

Email: homelessnesspolicy@gov.wales

Mae’r ddogfen hon ar gael yn Gymraeg hefyd / This document is also available in Welsh: Rheoliadau Dyrannu Tai a Digartrefedd (Cymhwystra) (Cymru) (Diwygio) 2026 | LLYW.CYMRU

The Welsh Government will be data controller for Welsh Government consultations and for any personal data you provide as part of your response to the consultation. 

Welsh Ministers have statutory powers they will rely on to process this personal data which will enable them to make informed decisions about how they exercise their public functions. The lawful basis for processing information in this data collection exercise is our public task; that is, exercising our official authority to undertake the core role and functions of the Welsh Government. (Art 6(1)(e)) 

Any response you send us will be seen in full by Welsh Government staff dealing with the issues which this consultation is about or planning future consultations. In the case of joint consultations this may also include other public authorities. Where the Welsh Government undertakes further analysis of consultation responses then this work may be commissioned to be carried out by an accredited third party (e.g. a research organisation or a consultancy company). Any such work will only be undertaken under contract. Welsh Government’s standard terms and conditions for such contracts set out strict requirements for the processing and safekeeping of personal data.

In order to show that the consultation was carried out properly, the Welsh Government intends to publish a summary of the responses to this document. We may also publish responses in full. We publish responses anonymously and your name and contact details will not be included. If you would like your name or other details published alongside your response, please let us know when you submit your response, and we will include them.

You should also be aware of our responsibilities under Freedom of Information legislation and that the Welsh Government may be under a legal obligation to disclose some information.

If your details are published as part of the consultation response then these published reports will be retained indefinitely. Any of your data held otherwise by Welsh Government will be kept for no more than three years.

Your rights

Under the data protection legislation, you have the right:

• to be informed of the personal data held about you and to access it
• to require us to rectify inaccuracies in that data
• to (in certain circumstances) object to or restrict processing
• for (in certain circumstances) your data to be ‘erased’
• to (in certain circumstances) data portability
• to lodge a complaint with the Information Commissioner’s Office (ICO) who is our independent regulator for data protection

For further details about the information the Welsh Government holds and its use, or if you want to exercise your rights under the UK GDPR, please see contact details below:

Data Protection Officer:

Welsh Government
Cathays Park
CARDIFF
CF10 3NQ

e-mail: dataprotectionofficer@gov.wales

The contact details for the Information Commissioner’s Office are: 

Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Tel: 0303 123 1113

Website: https://ico.org.uk/

Regulations

In Wales, Regulations are made by Welsh Ministers and are a type of law detailing how an Act works in practice. They explain the detailed rules that people, councils or organisations must follow.

Habitual Residence Test

The Habitual Residence Test helps councils decide whether someone is allowed to receive social housing or homelessness help. This can affect whether they can join a housing register or get homelessness support.

British nationals

A British national is someone who has a legal nationality link to the UK. This includes British citizens, but there are also other less common types of British nationality, such as British Overseas Territories citizens and British nationals overseas.

Leave to remain

People with leave to remain are not British nationals, but have permission to live in the UK and may be able to get housing or homelessness help in Wales.

Not under an ongoing maintenance undertaking

Not under an ongoing maintenance undertaking means another person has not formally promised to support them financially in a way that would stop them getting public help.

The Welsh Government relies on local authorities to address the housing needs of people in Wales, working in partnership with housing associations. Local authority housing functions are linked to the Allocation of Housing and Homelessness (Eligibility) (Wales) Regulations 2014 (“the 2014 Regulations”) because those Regulations help determine who can be considered eligible for an allocation of housing accommodation or for housing assistance in Wales. 

Local authorities must apply the eligibility rules when assessing applications for housing and homelessness support, including where a person’s immigration status, residence history or connection to another country may be relevant. The 2014 Regulations do this by prescribing classes of people who are eligible or ineligible for housing accommodation or support, including people who are subject to immigration control, and people who are not subject to immigration control but may still be treated as ineligible where they do not meet the habitual residency test.

The 2014 Regulations have been amended over time to respond to specific humanitarian or international crises where British nationals have been evacuated or advised to leave that country or territory. This approach creates a reactive crisis by crisis approach requiring regulations which amend the 2014 Regulations each time circumstances arise overseas. This approach can create delay, complexity and uncertainty for local authorities and applicants particularly where the situation overseas may change quickly. 

Welsh Ministers use their powers under the Housing Act 1996 and the Housing (Wales) Act 2014 to make each set of amending regulations. Welsh Government resources are needed to develop the policy each time the 2014 Regulations are amended. This work can involve a wide range of officials across different policy areas. Where amendments are needed quickly in response to an international crisis, these tasks must often be completed at pace, alongside other priorities.

The Allocation of Housing and Homelessness (Eligibility) (Wales) (Amendment) Regulations 2026 (“the 2026 Regulations”) amend the 2014 Regulations to introduce a time-limited “general crisis” provision applicable to certain classes, making them eligible for an allocation of housing accommodation or homelessness assistance. These 2026 Regulations were made in an emergency due to the conflict in the Middle East and contain a sunset clause time-limiting the effect of the “general crisis” provision. This means that the “general crisis” provision in the 2026 Regulations will cease to have effect on 30 March 2027.

The “general crisis” provision waives the habitual residence test requirement for any person who would otherwise be eligible for housing accommodation or housing assistance in Wales, where they leave a country or territory when His Majesty’s Government publishes advice to British nationals to leave that country or territory or arranges an evacuation of British nationals from that country or territory. An eligible person would need to make their application for assistance within the period of 6 months, beginning with the date that HMG first published that advice or the first day of an HMG evacuation operation, whichever is later. 

The “general crisis” provision allows British nationals, eligible family members, and classes of people with leave to remain who are not subject to no recourse to public funds or an ongoing maintenance undertaking, to access housing allocation and homelessness assistance in Wales when returning from countries subject to UK Government ‘leave now’ advice or evacuation. This means that such persons are eligible for housing allocation and homelessness assistance from arrival and will receive assistance subject to meeting any other conditions that apply to all eligible persons. The Regulations do not affect immigration status and are only applicable to British nationals and certain persons with leave to remain.

This proposal is concerned with making the temporary “general crisis” provision permanent. Making the provision permanent would remove delay, complexity and uncertainty around eligibility for local authorities and applicants. It would also support better use of resources by allowing consultation and scrutiny to take place in advance, rather than requiring urgent reactive work during an international crisis, and would provide local authorities with a clearer standing framework for decision-making.

The amendment is also likely to save time and resources by avoiding the need to develop separate emergency amendments for each specific circumstance, often at short notice and to compressed timescales.

We have prepared two draft impact assessments to support this consultation. These are the draft Integrated Impact Assessment and the draft Regulatory Impact Assessment. Both are published alongside this consultation.

The draft Integrated Impact Assessment looks at the wider effects of making the 2026 Regulations permanent. This includes possible effects on well-being, equality and children’s rights.

The draft Regulatory Impact Assessment explains why this change is being considered. It also looks at the options and the possible effects on councils and other public services.

At this stage, the proposal to consult does not create new direct costs. The consultation will help us understand whether there could be any practical, financial or delivery impacts before final advice is given.

Consultation is one of the methods we use to engage with people and organisations in Wales, to gather views on our proposals. It plays a vital role in shaping better policy.

The questions below in Annex A are being asked to help us understand how the proposed change may affect people, local authorities and public services in Wales. We want to gather evidence on any likely benefits, risks or unintended effects before a final decision is made.

Question 1: Do you agree with the proposal to make the “general crisis” provision in the Allocation of Housing and Homelessness (Eligibility) (Wales) (Amendment) Regulations 2026 permanent?

Agree / disagree / neither agree nor disagree

Please explain your answer and provide any evidence or examples.

Question 2: What impact, if any, do you think the proposal would have on the ability of local authorities to make timely and clear decisions when responding to an international crisis?

Positive / negative / neutral

Please explain your answer, including any practical benefits, risks or challenges for local authorities.

Question 3: What impact, if any, do you think the proposal would have on people’s ability to access housing and homelessness support in Wales when they need it?

Positive / negative / neutral

Please explain your answer, including any practical benefits, risks or challenges for applicants.

Please explain your answer, including any practical benefits, risks or challenges 

Question 4: What are your views on Wales taking the same approach as other parts of the UK?

Agree / disagree / neither agree nor disagree 

Please provide reasons why.

Question 5: Do you have any evidence of positive or negative impacts of the current Allocation of Housing and Homelessness (Eligibility) (Wales) (Amendment) Regulations 2026 on people with protected characteristics?

Yes - Positive

Yes - Negative 

Yes - Both positive and negative

No 

Please include any evidence relating to age, disability, race, religion or belief, sex, gender reassignment, sexual orientation, pregnancy and maternity, and marriage or civil partnership.

Question 6: Is there any evidence of positive or negative impacts of the current Allocation of Housing and Homelessness (Eligibility) (Wales) (Amendment) Regulations 2026 on children and young people?

Yes - Positive

Yes - Negative 

Yes - Both positive and negative

No 

Please include any evidence. 

Question 7: Do you have any evidence on the possible impact of the proposal on local authority housing pressures, accommodation planning, land use, housing delivery or biodiversity duties?

Please explain your answer, including any practical benefits, risks or challenges for local authorities.

Question 8: What, in your opinion, would be the likely effects of making the “general crisis” provision permanent on the Welsh language? We are particularly interested in any likely effects on opportunities to use the Welsh language and on not treating the Welsh language less favourably than English. 

Do you think that there are opportunities to promote any positive effects?

Do you think that there are opportunities to mitigate any adverse effects?

Question 9: In your opinion, could making the “general crisis” provision permanent be formulated or changed so as to:

• have positive effects or more positive effects on using the Welsh language and on not treating the Welsh language less favourably than English; or 
• mitigate any negative effects on using the Welsh language and on not treating the Welsh language less favourably than English?

Question 10: We have asked a number of specific questions. If you have any related issues which we have not specifically addressed, please use this space to report them: