Homelessness assistance and allocation of housing in Wales for those fleeing Sudan

New statutory instrument aligns provision in Wales to that already made in other regions of the UK

New legislation has been issued in relation to eligibility for homelessness assistance and the allocation of housing in Wales for those fleeing Sudan.

In force from 8 June 2023, the Allocation of Housing and Homelessness (Eligibility) (England) and Persons Subject to Immigration Control (Housing Authority Accommodation and Homelessness) (Amendment) Regulations 2023 (SI.No.530/2023) amend the Allocation of Housing and Homelessness (Eligibility) (Wales) Regulations 2014 (SI.No.2603/2014) (the 2014 Regulations) to prescribe an additional class of persons who is subject to immigration control and is eligible for homelessness assistance and an allocation of housing.

In relation to the new class of person (Class N) who is eligible for an allocation of housing, the explanatory note to the regulations advises that –

'Class N applies to certain persons who were residing in Sudan before 15 April 2023, who left Sudan in connection with the violence which rapidly escalated in Khartoum and across Sudan on that date. Such persons will be eligible if they have been given leave to enter or remain in the United Kingdom granted in accordance with the Immigration Rules made under section 3(2) of the Immigration Act 1971, provided that their leave is not subject to the condition that there must be ‘no recourse to public funds’ and that their leave was not granted because of a maintenance undertaking which is still applicable.'

In addition, the regulations –

  • prescribe an additional class of persons (Class O) who are eligible for housing assistance under the Housing (Wales) Act 2014 that is equivalent to Class N that applies to the allocation of housing; and
  • provide that those who were residing in Sudan before 15 April 2023 and left Sudan in connection with the violence who are not subject to immigration control but would be ineligible for an allocation of accommodation or housing assistance due to not being habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland, are eligible for an allocation of accommodation or housing assistance.

NB – the new regulations make provision that aligns the allocation of housing and housing assistance provision in Wales with provision in other regions of the UK that was introduced by SI.No.530/2023 from 15 May 2023.

SI.No.611/2023 (W. 92) is available from legislation.gov.uk