Eligibility and crisis situations: New Consultation

Given the politics of Britishness at the moment, the Welsh Government are consulting on a relatively minor but potentially brave proposal to amend the eligibility regulations for housing allocation and homelessness assistance.  The change is minor in a way – it wants to make permanent the “general crisis” provision in the The Allocation of Housing and Homelessness (Eligibility) (Wales) (Amendment) Regulations 2026.  It is due to run its course on 30^th March 2027.  But, of course it should be permanent, in my view.  It’s a no-brainer, surely.

What is interesting in a way is the contortions taken to explain the current provision in the Consultation Document.  It is almost comical – if it wasn’t so deadly serious – how complicated eligibility has become.  It would take a day’s intensive training to scratch the surface of the rules.  In essence, what they want to do is exempt British nationals and others with leave to remain from the habitual residence test when they have to leave a country which the government advises they should leave or arranges an evacuation.  Of course, politics means that they have to be careful but consider this description of what they want to make permanent:

“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.”

It will be interesting what one or two of the minority parties have to say about this.  On the one hand, it can hardly be regarded as objectionable.  And, the emphasis is on British nationals, but the care with which it is being introduced, and the necessity for a consultation, seem otherworldly to me (particularly at the moment, as my family are excavating their past).  I suppose that the extension beyond British nationals may raise some objections, but, really.