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Statement for the public around homelessness and intentionality

On 27th April 2015, the Housing (Wales) Act 2014 was introduced which made changes to how homelessness is dealt with by local authorities in Wales.

The main aim of the new Act is to prevent homelessness wherever possible, and allows the authority and the applicant to work in partnership to resolve their housing problems.

Social housing is becoming increasingly difficult to access and it has been recognised that there is a role for the private rented sector to assist in reducing homelessness.  The Housing (Wales) Act 2014 allows local authorities to discharge their homelessness and prevention duty into private rent sector accommodation, provided it is suitable, affordable and is available for over 6 months.

A major change under the new Act came in the shape of intentionality.  Intentionality is no longer a legal duty but a power that local authorities may choose to introduce.  Monmouthshire County Council has made the decision that intentionality will be considered when assessing the housing needs of the following groups:

The following are categories of applicant for the purpose of section 78 (deciding to have regard to intentionality)—

(a) A pregnant woman or a person with whom she resides or might reasonably be expected to reside;

(b) A person with whom a dependent child resides or might reasonably be expected to reside;

(c) A person—

(i) Who is vulnerable as a result of some special reason (for example: old age, physical or mental illness or physical or mental disability), or

(ii) With whom a person who falls within sub-paragraph (i) resides or might reasonably be expected to reside;

(d) A person—

(i) Who is homeless or threatened with homelessness as a result of an emergency such as flood, fire or other disaster, or

(ii) With whom a person who falls within sub-paragraph (i) resides or might reasonably be expected to reside;

(e) A person—

(i) Who is homeless as a result of being subject to domestic abuse, or

(ii) With whom a person who falls within sub-paragraph (i) resides (other than the abuser) or might reasonably be expected to reside;

(f) A person—

(i) Who is aged 16 or 17 when the person applies to a local housing authority for accommodation or help in obtaining or retaining accommodation, or

(ii) With whom a person who falls within sub-paragraph (i) resides or might reasonably be expected to reside;

(g) A person—

(i) Who has attained the age of 18, when the person applies to a local housing authority for accommodation or help in obtaining or retaining accommodation, but not the age of 21, who is at particular risk of sexual or financial exploitation, or

(ii) With whom a person who falls within sub-paragraph (i) resides (other than an exploiter or potential exploiter) or might reasonably be expected to reside;

(h) A person—

(i) Who has attained the age of 18, when the person applies to a local housing authority for accommodation or help in obtaining or retaining accommodation, but not the age of 21, who was looked after, accommodated or fostered at any time while under the age of 18, or

(ii) With whom a person who falls within sub-paragraph (i) resides or might reasonably be expected to reside;

(i) A person—

(i) Who has served in the regular armed forces of the Crown who has been homeless since leaving those forces, or

(ii) With whom a person who falls within sub-paragraph (i) resides or might reasonably be expected to reside;

(j) A person who has a local connection with the area of the local housing authority and who is vulnerable as a result of one of the following reasons—

(i) Having served a custodial sentence within the meaning of section 76 of the Powers of Criminal Courts (Sentencing) Act 2000(1),

(ii) Having been remanded in or committed to custody by an order of a court, or

(iii) Having been remanded to youth detention accommodation under section 91(4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012(2), or a person with whom such a person resides or might reasonably be expected to reside.

(k)a person—

(i)who is street homeless (within the meaning of section 71(2)), or

(ii)with whom a person who falls within sub-paragraph (i) might reasonably be expected to reside.

This statement will be reviewed twice a year and any changes made will be available for the public to view.  This will come into effect from 1st July 2015.