77.This section makes a number of amendments to section 82 of the 2014 Act, which sets out the duties owed by a local housing authority in referral cases.
78.This section also amends section 201A of the 1996 Act, which applies following a referral of an applicant to a local housing authority in England.
79.Section 14(2) of the Act replaces subsection (1) of section 82 of the 2014 Act and also inserts subsections (1A) to (1D) into that section. Replaced subsection (1) sets out the circumstances in which the duties under subsections (1A) and (1B) apply. The circumstances are where a local housing authority (“authority A”) has notified another local housing authority (“authority B”) of its opinion that the conditions for referral of an applicant’s case under section 80 of the 2014 Act (as amended by this Act) are met, and the applicant has been notified in accordance with section 84(1B) of the 2014 Act (inserted by this section) that authority B has been notified of authority A’s opinion.
80.Subsection (1A) of section 82 of the 2014 Act inserted by this section applies whether authority B is in Wales or England. The subsection provides that, where authority A notifies authority B of its opinion under section 80(2A) of the 2014 Act that the conditions for referral of an applicant’s case are met, authority A’s duties under sections 68 and 75 of the 2014 Act (as those provisions have been amended by the Act) end. However, authority A must secure that suitable accommodation is available for occupation by the applicant until the applicant is notified of the decision about whether the conditions for referral of the case are met.
81.Subsection (1B) of section 82 of the 2014 Act inserted by this section applies where authority B is in Wales. It provides that where (following notification under either section 80(2) or (2A) of the 2014 Act) both authority A and B have agreed that the conditions for referral of the applicant’s case are met, the applicant is to be treated as having made an application to authority B and any duties owed to the applicant by authority A under Chapter 2 of Part 2 of the 2014 Act end from the date notice is given to the applicant under section 84(1B) of the 2014 Act. Subsection (1B)(c) provides that, where authority A has decided that the applicant is eligible for help, homeless or threatened with homelessness, the applicant is to be treated as such by authority B unless that authority comes to a different conclusion in accordance with subsection (1C) of section 82 of the 2014 Act (also inserted by this section).
82.Subsection (1B) also requires authority A to provide authority B with copies of any notifications or documents given to the applicant under section 63 or 63A of the 2014 Act (as amended and inserted, respectively, by this Act).
83.Subsection (1C) of section 82 of the 2014 Act inserted by this section provides that authority B may only come to a different conclusion for the purposes of section 82(1B) of the 2014 Act (also inserted by this section) if that authority is satisfied the applicant’s circumstances have changed or further information has come to light since the decision made by authority A which justifies authority B reaching a different conclusion.
84.Subsection (1D) of section 82 of the 2014 Act inserted by this section provides that, where authority B is in England and both authority A and B have agreed that the conditions for referral of the applicant’s case are met, section 201A of the 1996 Act applies.
85.Section 82(3) of the 2014 Act (as substituted by section 14(3) of the Act) sets out which duties authority A will owe an applicant if it is decided that the conditions for referral of the case are not met.
86.Section 14(5) of the Act amends section 82(5) of the 2014 Act to provide that the duties owed by a local housing authority will cease even if the applicant requests a review of the relevant decision.
87.Section 14(6) of the Act amends section 82(6) of the 2014 Act to provide that a local housing authority may secure suitable accommodation is available for an applicant pending the decision on a review if the authority had been required to do so under the 2014 Act prior to the referral being made.
88.Section 14(7) inserts subsection (2) into section 201A of the 1996 Act which provides that, if the conditions for referral under section 80 of the 2014 Act (as amended by this Act) are met, the referred person is to be treated as having made an application of the kind referred to in section 183(1) of the 1996 Act to the notified local housing authority in England on the date notice is given to that person that the conditions for referral are met. From that date, duties owed by the notifying local housing authority in Wales end.
89.Subsection (2) of section 201A of the 1996 Act also requires the notifying local authority in Wales to provide copies of notifications and documents given to an applicant under section 63 or 63A of the 2014 Act (as amended and inserted, respectively, by this Act), and ensure that, where the notifying authority in Wales has made a decision about an applicant being eligible, homeless or threatened with homelessness under the 2014 Act, the local housing authority in England should treat the applicant as such, unless the notified authority comes to a different conclusion. As with referrals within Wales (see section 82 of the 2014 Act as amended), the notified local housing authority in England may only reach a different conclusion on those matters if that authority is satisfied the applicant’s circumstances have changed or further information has come to light since the decision made by the notifying authority, which justifies a different decision. In addition, subsection (3)(b) of section 201A of the 1996 Act inserted by this section enables a local housing authority in England to reach a different decision about those matters, where there is a difference in effect between the 2014 Act and the 1996 Act relating to eligibility for assistance which materially affects that decision.
Commentary on Sections Part 1 - Homelessness Section 14: Duties to applicants in referral cases