Are You Eligible For Assistance?

This mainly concerns your immigration status. You are not eligible if;

• You are from a foreign country and are subject to immigration control (there are exceptions to this which will be established on investigation)
• You are a person who is not subject to immigration control and may not be eligible under certain conditions that will be established at assessment.

If you have come to the UK to seek work you are not necessarily entitled to access public funds and to apply for social housing.


Am I Homeless Or Threatened With Homelessness?

Since the Homelessness Act 2002 came into force the Council’s emphasis has been homelessness prevention ie doing everything it can within the policies & resources available to it to keep people in their homes. The Council will need to determine at what stage a homelessness application is accepted.

Under the Homelessness Act 2002, an application will only be taken if the applicant is homeless today, or threatened with homelessness within 28 days.

Under the legal definition you will be considered as being homeless if:

• There is nowhere that you and your family can stay
• You no longer have a legal right to remain in your home
• You have somewhere to live but you cannot get into it
• You are at risk of violence from someone who is living in your home
• Your home is a caravan or boat and you have nowhere to park / moor it and live in it
• It is not reasonable to continue living in your home for example because of its condition or there is something else which might make it dangerous for you to live there. This would have to be qualified by an Environmental Health Officer.

To be considered for assistance there are further criteria to be established:

Priority Need

You will be assessed as being in Priority Need if:

• You have a dependent child or children living with you, that is those under 16 or under 19 if in full-time education
• You or someone living with you are pregnant
• You or someone living with you are vulnerable due to old age, mentally handicapped, physically or mentally disabled.
• You are a person who is vulnerable because you are fleeing a violent partner or threat of violence within your community
• You are a young person aged 16 or 17
• You are a person who is vulnerable as a result of spending time in the armed forces, serving a prison sentence or due to a care background
• You have become homeless due to an emergency for example fire flood or other disaster

Note the term vulnerable was defined in a housing related case heard in Court and is referred to as the “Pereira test”. This case established that to be accepted as vulnerable due to health “the person is, when homeless, less able to fend for himself than an ordinary homeless person so that injury or detriment to him will result when a less vulnerable person would be able to cope without harmful effect”. An example might be where someone is suffering from depression, which under the Pereira Test might not be deemed as “in priority need” because of vulnerability.


Are You Intentionally Homeless?

You will be found to be intentionally homeless if you choose to leave your home when you could have remained there or if you deliberately or knowingly did something or failed to do something that caused you to become homeless.


Do You Have A Local Connection?

If you qualify under the above criteria the Council will only have a duty to assist you if you or a member of your family have a local connection with the district. You may have a local connection:

• If you have lived in Waveney for 6 out of the last 12 months or 3 years out of the last 5 years
• If you have a permanent job in the area
• If your close family live in the area (only Mother, Father, Brother or Sister)
• If you need to live in the area for other special circumstances

Medical Conditions

If you suffer from physical or mental illness you should complete a medical questionnaire and return it to the Housing Advice and Options Team. The information in the form will be reviewed by an appropriately qualified medical professional and your condition assessed as to how it affects your housing need. The form can be completed by the person with the medical condition and does not have to be completed by their GP / Consultant. However we would expect the GP/Consultant to confirm that the information is correct. (Please note that the authority will not cover the cost of any reports / letters from medical professionals that we have not expressly requested).

Whilst we are carrying out our investigations we expect you to actively seek alternative accommodation through our advice & assistance to prevent your homelessness.

In the event of you becoming statutorily homeless the Council will need to confirm our duty under the Homelessness Legislation.

If I Am Not Accepted As Homeless Can I Appeal?

If you are not accepted as being homeless as defined in the legislation you have the right to have the decision reviewed. To do this you should request a “Right to Review” form, complete the details and return it to the Housing office within 21 days. The review will be heard by an appeals panel with an independent member. If the appeal concerns a point of law it can be taken to the County Court.


Are You Seeking Asylum?

If you have come from abroad since 3 April 2000 and you are seeking asylum in the UK you are not eligible for assistance. You may be entitled to help from the Home Office while your claim for asylum is being decided. In some cases, social services may also be able to help. It is strongly recommended that you seek professional advice concerning your application.

Read more about asylum here

For further advice click on the link below.

http://www.ind.homeoffice.gov.uk (Opens new window) 

http://england.shelter.org.uk/get_advice/
downloads_and_tools/guides_to_housing_issues (Opens new window)