55.This section amends sections 68 and 69 of the 2014 Act.
56.As amended by this section, subsection (2) of section 68 of the 2014 Act provides that the duty to secure interim accommodation applies if the authority believes the applicant is homeless and eligible for help but is not yet satisfied of those matters. This amendment and the amendment made by section 8(2)(d) (to repeal section 68(3) of the 2014 Act) provide that there is no longer a difference in entitlement under section 68 of the 2014 Act between those who have, and those who do not have, priority need.
57.Subsection (2A) of section 68 of the 2014 Act inserted by this section provides that if the authority is satisfied that the applicant has no local connection to any local housing authority in Wales and either subsection (2) applies, or the authority is satisfied the applicant is homeless and eligible for help, the duty to provide suitable interim accommodation under section 68(1) applies.
58.This section also makes a number of amendments to section 69 of the 2014 Act which sets out the circumstances in which the duty in section 68 of the 2014 Act ends. The amendments are consequential on the changes made by this section to section 68 of the 2014 Act and consequential on other changes made by the Act to the 2014 Act.
59.Subsections (1A) and (1B) of section 69 of the 2014 Act inserted by this section allow for the ending of the duty in section 68 of the 2014 Act once the assessment is concluded on whether the duty under section 75 of the 2014 Act (as amended by the Act) is owed, in certain circumstances. The duty in section 68 of the 2014 Act can be ended under section 69(1A) of the 2014 Act (as inserted), if the authority has decided that no duty is owed under section 75 of the 2014 Act for reasons other than because section 75(4) of the 2014 Act applies (that neither the applicant nor any member of the applicant’s household has a local connection to any local housing authority in Wales) and the applicant has been notified of that decision.
60.The duty in section 68 of the 2014 Act can be ended under section 69(1B) of the 2014 Act (as inserted) if the local housing authority has decided no duty is owed under section 75 of the 2014 Act solely on the basis that section 75(4) of the 2014 Act applies, the applicant has been informed of the authority's decision, and the authority is satisfied that the accommodation secured under section 68 of the 2014 Act has been available long enough to give the applicant a reasonable opportunity to find suitable accommodation. Subsection (1C) of section 69 of the 2014 Act inserted by this section provides that the period mentioned in subsection (1B) starts on the day the applicant is notified that the duty in section 75 of the 2014 Act is not owed to them.
61.This section also repeals section 69(5) and (6) of the 2014 Act as a consequence of subsection (1B) being inserted into section 69 of the 2014 Act.
62.Subsections (4) and (8) of section 69 of the 2014 Act are both repealed and are part of a suite of provisions in the Act that have the effect of removing the difference in entitlement based on whether a person is intentionally homeless or not.
Commentary on Sections Part 1 - Homelessness Section 8: Interim duty to secure accommodation for homeless applicants