Sian Gwenllian MS, Cabinet Minister for Local Government, Housing and Planning
Today, I am launching a consultation on proposals to remove the time limit on the “general crisis” waiver provision from the Allocation of Housing and Homelessness (Eligibility) (Wales) (Amendment) Regulations 2026 (“the 2026 Regulations”) thereby making that provision permanent.
The 2026 Regulations amended the Allocation of Housing and Homelessness (Eligibility) (Wales) Regulations 2014 (“the 2014 Regulations”) by adding general eligibility classes that will waive the habitual residence test for anyone who would otherwise be eligible for housing allocation or homelessness assistance in Wales. This enables British nationals, eligible family members, and certain 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 His Majesty’s Government (“HMG”) ‘leave now’ advice or evacuation. The regulations do not affect immigration status and are only applicable to persons who are not subject to immigration control, and those with leave to remain in specific circumstances.
The current 2026 Regulations came into force on 30 March 2026 and contain a one-year sunset clause. This means the general crisis provision in the 2026 Regulations will cease to have effect on 30 March 2027 unless further regulations are made.
The consultation seeks views on whether the 2026 Regulations should be made permanent. This would create a standing mechanism within the housing eligibility framework for future crises where HMG gives “leave now” advice or evacuates persons returning from affected areas, rather than relying on further time-limited or crisis-specific amendments. This would create certainty for local authorities and reduce the need to amend the 2014 Regulations on a crisis-by-crisis basis. The purpose is to ensure that eligible people returning to Wales in exceptional circumstances can access housing allocation and homelessness assistance when they need it.
The consultation will run for 12 weeks, from 28 September to 18 December 2026.
I will consider the assessment of the consultation responses before deciding whether to proceed with making the changes that the 2026 Regulations made, permanent.
The consultation is available on the Welsh Government website.