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HOUSING SELECTION SCHEME GUIDANCE MANUAL
CHAPTER 10 ADMINISTRATION
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CHAPTER 10 ADMINISTRATION
10.0
INTRODUCTION
10.1
ADMINISTRATION PROCEDURES
10.1.1
COMPUTERISED WAITING LIST (PRAWL SYSTEM)
10.1.2
GENERAL HOUSING APPLICATION FORM
10.1.3
TRANSFER OR EXCHANGE APPLICATION FORM
10.1.4
OFFICE RESPONSIBLE FOR ASSESSMENT
10.1.5
GENERAL
10.1.5.1
CODE OF CONDUCT (COC) FOR STAFF IN THE ADMINISTRATION OF
THE COMMON SELECTION SCHEME.
10.1.5.2
ASSESSMENT OF HOUSING/TRANSFER APPLICATIONS
10.1.5.3
ALLOCATIONS
10.1.6
REGISTRATION PROCEDURE
10.1.7
APPLICANT/TRANSFER FILES
10.1.8
VISIT REPORT (HOUSING/HOMELESSNESS ASSESSMENT AND
INPUT FORM)
10.1.9
‘NO ACCESS’ CARD (APPENDIX 10.1.1)
10.1.10
APPOINTMENT/CANCELLATION LETTER (APPENDIX 10.1.2)
10.1.11
THE VISIT
10.1.12
DUPLICATE APPLICATIONS
10.1.13
INPUT OF INFORMATION
10.1.14
ACCURACY OF INFORMATION
10.1.15
MAINTENANCE OF THE COMPUTERISED WAITING LIST
10.1.16
CHANGE OF CIRCUMSTANCES
10.1.17
CHANGE OF ADDRESS (NON-FDA APPLICANTS)
10.1.18
CHANGE OF PREFERENCE
10.1.19
CHANGE IN POINTS
10.1.20
COMPLAINTS
10.1.21
DELETION OF APPLICATIONS/TRANSFERS
10.1.22
FORWARDING OF FILES
10.1.23
POSITION AND RANK
10.2
GUIDANCE NOTES FOR ASSESSING OFFICERS
10.2.1
PART 1 HOUSING/TRANSFER
10.2.2
SECTION 1: PERSONAL/HOUSEHOLD DETAILS
10.2.3
EMPLOYMENT/INCOME/BENEFIT DETAILS
10.2.4
SECTION 2: APPLICATION DETAILS
10.2.5
SECTION 3A: ELIGIBILITY (APPLICATIONS ONLY)
10.2.6
SECTION 3B: ELIGIBILITY (APPLICATIONS ONLY) (PAGE 4)
10.2.7
SECTION 3C: ELIGIBILITY (TRANSFERS ONLY) (PAGE 5)
10.2.8
SECTION 4: CRITICAL DATES
10.2.9
SECTION 5: PRESENT HOME DETAILS
10.2.10
SECTION 6: APPLICANT’S HOUSING CHOICES/PREFERENCES
10.2.11
SECTION 7: HOUSING NEEDS ASSESSMENT & POINTING INPUT
(PAGE 9)
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CHAPTER 10 ADMINISTRATION
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10.2.12
ADDITIONAL GUIDANCE NOTES FOR TRANSFERS
10.2.13
PART 2: INSECURITY OF TENURE
10.2.14
SECTION 2A: HOMELESSNESS/THREATENED WITH
HOMELESSNESS – FULL DUTY APPLICANT POINTS
10.2.15
APPLICANT DETAILS
10.2.16
HOUSEHOLD DETAILS
10.2.17
CURRENT/PREVIOUS ADDRESSES
10.2.18
INCOME DETAILS
10.2.19
OTHER AGENCIES INVOLVED
10.2.20
HOMELESS CASE REPORT – INVESTIGATION WILL BE CARRIED
OUT BY NIHE ONLY
10.2.21
SECTION 2B: OTHER HOMELESS
10.2.22
HOMELESS DUTIES/ACTIONS (FOR HOUSING EXECUTIVE USE
ONLY)
10.2.23
FINAL DECISION DETAILS
10.2.24
PLACEMENT DETAILS
10.2.25
FINAL ACTION DETAILS
10.3
DATA PROTECTION
10.3.1
GENERAL
10.3.2
DATA ACQUISITION
10.3.3
DATA ACCURACY
10.3.4
DATA SECURITY
10.3.5
SUBJECT ACCESS
10.3.6
RIGHTS OF DATA SUBJECTS
10.3.7
PROCEDURES TO BE FOLLOWED BY OFFICERS IN RECEIPT OF
SUBJECT ACCESS REQUESTS
10.3.8
APPEALS
10.3.9
IDENTIFYING SUBJECT ACCESS REQUESTS
10.3.10
RELEASING INFORMATION TO TENANTS
10.3.11
RELEASING INFORMATION TO ELECTED REPRESENTATIVES OR
OTHER THIRD PARTIES
10.3.12
INFORMATION PROVIDED BY OTHER PARTIES
10.4
PROCEDURES FOR DEALING WITH APPLICANTS/TENANTS
SEEKING A TRANSFER WHO HAVE FAILED TO SIGN THE
DECLARATION
10.4.1
INTRODUCTION
10.4.2
NON-HOMELESS CASES
10.4.3
POTENTIAL HOMELESS CASES
10.4.4
MAKING ENQUIRIES
10.4.5
OUTCOME – POSITIVE DECISION
10.4.6
OUTCOME – NEGATIVE DECISION
10.4.7
14 DAY LETTER
10.4.8
OTHER ACTION
10.5
PROCEDURES FOR DEALING WITH HOUSING NEEDS
ASSESSMENTS FOR FULL DUTY APPLICANT (FDA) CASES
10.5.1
PROCEDURES TO BE ADOPTED
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10.5.2
HOUSING ADVICE CENTRE (HAC) INVOLVEMENT
10.6
HOUSING ASSOCIATION TRANSFERS: ADMINISTRATION OF
HOMELESS CASES
10.6.1
IDENTIFICATION OF POTENTIALLY HOMELESS CASES
10.6.2
PROCEDURES TO BE ADOPTED
10.7
GROUNDS FOR POSSESSION OF A PROPERTY OCCUPIED BY A
SECURE TENANT
10.8
TRANSITIONAL PROTECTION
10.8.1
INTRODUCTION
10.8.2
WHO IS PROTECTED?
10.8.3
PROCEDURES FOR MAKING ALLOCATIONS UNDER THE NEW
SCHEME
10.8.4
HOW WILL THEY BE PROTECTED?
10.8.5
SPECIAL WAITING LISTS
10.8.6
PROCEDURES TO BE ADOPTED WHEN MAKING AN ALLOCATION
10.8.7
OFFERS
10.8.8
MAINTAINING THE SPECIAL WL PROTECTED CASES ONLY REPORT
10.9
PERSONS FROM ABROAD GUIDANCE
10.10
RELATIONSHIP BREAKDOWN
10.10.1
PROOF OF RELATIONSHIP BREAKDOWN
10.10.2
COURT ORDERS: GENERAL
10.10.3
GUIDANCE NOTES/INFORMATION/ENQUIRIES
10.11
LATENT DEMAND
10.11.1
RURAL ‘LATENT DEMAND’ QUESTION
10.11.2
NEW LATENT DEMAND AREAS
10.11.3
INSTRUCTION TO COMPLETE PRO FORMA FOR INCLUSION OF
ADDITIONAL CHOICES ON PRAWL LATENT DEMAND SCREENS
10.12
LIST OF PARTICIPATING LANDLORDS
10.13
GUIDE TO AREAS COVERED BY NIHE DISTRICT OFFICES
10.14
PROCEDURES FOR DEALING WITH APPLICANTS WHO HAVE
FAILED TO PROVIDE IDENTIFICATION
10.14.1
INTRODUCTION
10.14.2
NON-HOMELESS CASES
10.14.3
POTENTIAL HOMELESS CASES
10.14.4
MAKING ENQUIRIES
10.14.5
OUTCOME – POSITIVE DECISION
10.14.6
OUTCOME – NEGATIVE DECISION
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CHAPTER 10 ADMINISTRATION
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CHAPTER 10
ADMINISTRATION
10.0
INTRODUCTION
This Chapter covers general administrative policies and procedures which are
required for the effective administration of the Housing Selection Scheme.
10.1
ADMINISTRATION PROCEDURES
10.1.1 COMPUTERISED WAITING LIST (PRAWL SYSTEM)
The Housing Selection Scheme requires that a Waiting List be maintained of all
Applicants seeking social housing in Northern Ireland. This Waiting List will
also include the tenants of Participating Landlords who are seeking re-housing
i.e. Transfers, either within their Landlord’s own stock, or to stock belonging to
another Participating Landlord.
The Waiting List is maintained in a computerised form generally referred to as
the “Computerised Waiting List” or HMS
Apart from maintaining a list for all persons seeking housing accommodation,
the information contained in the Computerised Waiting List serves four main
purposes:
1. It provides the key record on which all housing allocations are based;
2. It is useful for audit purposes;
3. It acts as a guide to where there is an unfulfilled housing need in an area;
4. It has potential to provide statistical and management information.
Full particulars of the Computerised Waiting List and how it operates, including
the documentation to be used, are contained within the HMS User Guide.
NOTE: These procedures are under review as a result of the Modernising
Services Project and will be subject to the new arrangements. A separate
advice note will be issued and this chapter subsequently updated. (Note dated
November 2006).
10.1.2 GENERAL HOUSING APPLICATION FORM
This form is to be used by an Applicant for re-housing who is not a permanent
tenant of any of the Participating Landlords. This form is also to be used by
applicants living outside Northern Ireland, except where they are Public Sector
tenants living in Great Britain in which case a Transfer or Exchange Application
form should be used.
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The Housing Executive will process all General Housing Application
forms.
Office Responsible for Assessment
The Executive District Office within whose boundaries the Applicant currently
resides will be the office responsible for the processing of the form. For an
Applicant living outside Northern Ireland, the form will be processed by the
Executive District Office which covers the Common Landlord Area (CLA) which
is the Applicant’s 1st Area of Preference.
10.1.3 TRANSFER OR EXCHANGE APPLICATION FORM
This form is to be used by a permanent tenant of any of the Participating
Landlords seeking a Transfer / Exchange. This form is also to be used by a
Social tenant living in Great Britain e.g. Local Authority, Registered Social
Landlord, Housing Association tenant.
10.1.4 OFFICE RESPONSIBLE FOR ASSESSMENT
The Participating Landlord who is the Landlord of the tenant will be responsible
for processing of the form, with the exception of the following Housing
Associations that have requested that the Housing Executive carry out
assessments on their behalf i.e. Abbeyfield, Clonard, Grove, Newington, Flax,
Open Door and St. Matthews Housing Associations.
The Housing Executive will process all Transfer forms from social tenants living
in Great Britain with the District Office which covers the CLA of 1st Area of
Preference being responsible for the assessment.
10.1.5 GENERAL
Participating Landlords issuing General Application Forms or Transfer /
Exchange Forms should also include the following:
(a) Housing Selection Scheme Booklet.
(b) List of Participating Landlords.
(c) Latent Demand Leaflet. A separate leaflet, listing rural areas of possible
Latent Demand, has been produced for each Area (South, South East,
North East and West). No leaflet has been produced for the Belfast Area.
Each landlord should send the leaflet appropriate to the Area in which they
are located. A complete list of all Latent Demand Areas is included in
Chapter 10.11.
Self –Assessment Forms (for Applicants from outside Northern Ireland) should
only be issued by the Executive and, in addition to (a), (b) and (c) above,
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should also include the relevant accompanying letter (see Chapter 9.2 and
Appendix 9.2).
All General Housing Application and Transfer or Exchange forms should be
registered on the PRAWL system and acknowledged within 3 working days
from the date of receipt. The Applicant / Tenant should be visited and their
details keyed onto the PRAWL system. The total process should be completed
within 20 working days from the date of receipt of the form.
Assistance in completing a form should be given to applicants / tenants where
required e.g. Translation Service, Language Line, Large Print Copies of the
forms etc.
More information can be obtained by contacting Housing & Regeneration,
NIHE, 2 Adelaide Street, Belfast, BT2 8PB.
Any General Application or Transfer or Exchange forms that have not been
appropriately signed will not be considered to be valid and the procedures to be
used for such cases are identified at paragraph 10.4.
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10.1.5.1
CODE OF CONDUCT (COC) FOR STAFF IN THE ADMINISTRATION OF
THE COMMON SELECTION SCHEME.
NIHE staff are reminded that when they are involved in the administration of
the Common Selection Scheme they should adhere to NIHE Standing Orders /
Code of Conduct which have been issued to every member of staff. NIHE staff
can view the code of conduct in full by using the following Link
NIHE Code of
Conduct A summary of the Housing Executive’s Code of Conduct relating to Housing
matters are detailed i
n Appendix 10.5.1A. Housing association staff are reminded that when they are involved in the
administration of the Common Selection Scheme they should adhere to;
a) their associations own Code of Conduct and
b) the Department of Social Development
Governance Guide
http://www.dsdni.gov.uk/index/hsdiv-housing/ha_guide/haggg-contents.htm
The policy and procedures that NIHE and housing association staff should
follow in relation to the administration of the Selection Scheme are detailed
below in paragraphs 10.1.5.2 and 10.1.5.3
10.1.5.2
ASSESSMENT OF HOUSING/TRANSFER APPLICATIONS
Housing Executive Officers should not be involved in the assessment of a
housing application if the case involves that Officer personally, or involves
any person closely associated with that Officer or the partner of that officer.
The case should be referred to the Designated Manager who will arrange for
another member of staff who would not have a conflict of interest in the case
to carry out the assessment.
In addition to above if a housing/transfer application is received from a
Housing Executive member of staff, or a relative of a Housing Executive
member of staff, a post assessment check should be carried out by the
Designated Manager and signed off appropriately in the Housing/Homeless
Assessment and Input Form.
Housing association staff assessing a housing/transfer application form
belonging to a member of staff, or a relative of a member of staff of that
association or the case involves that Officer personally, or involves any
person closely associated with that Officer or the partner of that officer they
should refer to their associations own code of conduct and the DSD
Governance Guide referred to 10.1.5.1 above.
link to page 7
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During the assessment process applicants are asked the following;
i.) Are you a relative (refer to NIHE CoC 19.6 paragraph 2 appendix 1 copied
below) of a member of staff of the Housing Executive or housing
association employee?
ii.) Are you or any member of your household an employee of the Housing
Executive or housing association?
If either answer is Yes, detail the name and relationship on Notepad Facility.
When HMS is introduced the appropriate UDC fields should be populated.
10.1.5.3
ALLOCATIONS
Where an allocation of a NIHE dwelling is to be made to
;
i) a member of staff, or a relative (refer to NIHE CoC 19.6 paragraph 2
appendix 1 copied below) of a member of staff.
ii) an applicant who is closely associated with the officer or the partner of
the officer who is responsible for making the allocation.
the case should be referred to the Designated Manager who will arrange to
have a detailed report prepared and presented to the Area Manger. The Area
Manager in such circumstances has to approve the allocation.
The report to the Area Manager should include the following; Name, address
& reference No.; reason for referral i.e. details of relationship; confirmation
that the Designated Manager has signed the Assessment Form (pre keying
check) to confirm he/she is satisfied with the assessment and the Points that
have been awarded; a breakdown of the Points awarded; profile of the estate
e.g. type of stock available and turnover. Forward a copy/original of the
Applicants File and general information in relation to why the District have
considered the Applicant should be made the allocation.
Where an allocation of a housing association property is to be made to a
member of staff of that association and the case involves that Officer
personally, or involves any person closely associated with that Officer or the
partner of that officer they should refer to their associations own code of
conduct and the DSD Governance Guide referred to 10.1.5.1 above
Where an allocation is being made by a housing association to a Housing
Executive employee or a member of staff from another housing association
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they should refer to their associations own code of conduct and the DSD
Governance Guide referred to
10.1.5.1 above.
10.1.5.1A APPENDIX
SUMMARY OF NIHE CODE OF CONDUCT IN RELATION
TO HOUSING MATTERS
1.0
STANDARDS, VALUES AND RESPONSIBILITIES
1.1
Housing Executive Officers are expected to give the highest possible standard of service to the
public and, where it is part of their duties, to provide impartial advice.
1.2
Responsibility is placed on every Officer for disclosing every potential conflict of interest in
which he/she may be involved. Officers will be expected, without fear of recrimination, to bring
to the attention of the Designated Manager any deficiency in the provision of service (see
paragraph 1 of Appendix 1 detailed below).
12.0
TENANCIES
12.1
Any Officer must inform the Designated Manager (see paragraph 1 of Appendix 1 detailed
below) promptly:
1.
If, upon appointment to the Housing Executive, he/she is already a tenant of the Housing
Executive, of any housing association or of any other social landlord.
2.
If, after appointment, he/she becomes a tenant of the Housing Executive, of any housing
association or of any other social landlord.
17.0
INTEGRITY
17.11 Officers who have an interest, financial or non-financial, should not involve themselves in any
decision or allocation of Housing Executive services or resources from which they, their friends
or family might benefit, and should ensure that the matter is referred immediately to the
Designated Manager (see paragraph 1 of Appendix 1detailed below).
19.0
HOUSING MATTERS
19.1
No Officer should in any circumstances take part in handling any case, falling within any of the
categories listed below, if the case involves that Officer personally, or involves any person
closely associated with that Officer or the partner of that officer (by family relationship or
otherwise see paragraph 2 of Appendix 1 detailed below). The listed categories are as follows:
1.
Allocation
6.
Land sale or purchase
2.
Transfer
7.
Home adaptation
3.
Exchange
8. Major improvements to an Housing
Executive dwelling
4.
Home loan
9.
Grants
5.
House sale or purchase
10.
Housing benefit.
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19.6
The Housing Executive has an obligation to comply with the statutory house allocation scheme
("the Scheme"); if any Officer, in the course of his/ her duties, by act and/or omission, fails to
comply with the terms of the Scheme, this is a serious breach of discipline.
1.
"DESIGNATED MANAGER" (paragraph 1 of Appendix 1 referred to above)
In relation to any particular provision of this Code, the term "Designated Manager", in
relation to any Officer, means the person who has been nominated by the Housing
Executive to exercise functions as Designated Manager, in relation to that Officer,
under that provision. Complete and up-to-date lists of Designated Mangers, for each
post and for each of the relevant provisions of this Code, will be found in the Personnel
Handbook.
2.
"FAMILY RELATIONSHIP" (paragraph 2 of Appendix 1 referred to above)
A family relationship is deemed to exist between an Officer and another person if they
are husband, wife or partner or if the other person is a:
- son, daughter or foster child
- parent
- brother, sister, step brother or step sister
- son in law or daughter in law
- mother in law or father in law
- sister in law or brother in law
- uncle or aunt
- nephew or niece
- grandparent
- grandson or granddaughter
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10.1.6 REGISTRATION PROCEDURE
All applications and transfer requests should be registered on the HMS system
within three working days of receipt of the form. The date of receipt of the form
should be used as the on-line “Date of Application”. On registration, the HMS
system will automatically generate a unique Reference Number, and an
appropriate “Acknowledgement” letter (see Chapter 11) which should be issued
to the Applicant / Tenant as soon as possible.
Application / Transfer Forms received “in error” by a Participating Landlord (i.e.
sent to the wrong assessing landlord) should still be date – stamped by that
landlord on receipt and forwarded as soon as possible to the appropriate
assessing landlord. The assessing landlord should then register the application
/ transfer request using the
initial date of receipt (by the first landlord) as the
registration date.
The minimum information required to register a case is as follows:
Date of Application; Title; Name (First and Surname); Address; Date of Birth;
Sex; Position in Family; Ethnic Origin; Religion; Household Composition;
Country of Origin and First Time Applicant. The Tenant Indicator must also be
keyed as “Y” for at least 1 person on each application.
10.1.7 APPLICANT / TRANSFER FILES
A separate file should be maintained for each Applicant / transfer case. The
files will normally be held at the Office Responsible for Assessment.
Where an Applicant / Tenant is re-housed, the file should be forwarded to the
Allocating Landlord (where requested).
10.1.8 VISIT REPORT (HOUSING / HOMELESSNESS ASSESSMENT AND INPUT
FORM)
This form is to be issued, along with the application / transfer form, to the
Designated Officer and should be completed during a visit to the Applicant /
Tenant. All details relevant to the award of any points must be recorded /
clearly identified in the Visit Report. Where the reason for the award of points is
not immediately evident, the Designated Officer must record an explanatory
narrative at the appropriate section of the Visit Report.
10.1.9 “NO ACCESS” CARD (APPENDIX 10.1.1)
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When a Designated Officer visits an Applicant / Tenant’s home but is unable to
gain access or make contact with the Applicant/ Tenant or partner, a “No
Access” card (see Appendix 10.1.1) should be completed and left at the
property. A minimum of 2 attempts should be made to contact the Applicant /
Tenant and a card should be left on each occasion. The details of any
unsuccessful visits should be recorded at the appropriate section on page 1 of
the Visit Report.
10.1.10 APPOINTMENT / CANCELLATION LETTER (APPENDIX 10.1.2)
When a Designated Officer has called at a property to carry out an assessment
on an Applicant / Tenant on at least 2 occasions and has left the appropriate
“No Access” cards, but has not been contacted by the Applicant or partner, an
appropriate letter should be sent (see Appendix 10.1.2). This letter invites the
Applicant / Tenant to contact the relevant office within 7 days to arrange a
suitable appointment and also advises that failure to respond will result in the
cancellation of the application / transfer request.
10.1.11 THE VISIT
Prior to and during the visit, the Designated Officer should carry out a number
of checks:
Application Form: Pre-visit Check
(i)
Has a check been carried out on any unanswered questions on the
application form?
(ii) Has the Applicant / Tenant provided details of his / her National Insurance
Number etc?
(iii) Has the Applicant / Tenant completed the Monitoring Information section
(if not, assistance should not be given for the completion of these
questions as it is their perception of their circumstances that is important)?
(iv) Has the Applicant / Tenant signed the declaration at the back of the form?
(v) Have any other application forms been received from this Applicant
(identified using the Tenant / Applicant Trace (R252) report)?
(vi) Is Applicant appearing on the Disqualification Register (identified using the
Disqualified Applicant Trace (252A) report)?
(vii) Has a check been made on any Housing Benefit applications from this
address?
(viii) Has I.D. been provided? If not, request same during visit.
Applicant’s Choice
Applicants are asked to indicate two Common Landlord Areas of Preference
(see Choice Chapter 5, paragraph 5.3). The Designated Officer should ensure
that applicants are advised:
(i)
Of the types of accommodation available in their areas of choice;
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(ii) That they cannot await a specific house;
(iii) The effects of limiting their choices.
On completion of the visit, the Visit Report should be signed by the Applicant /
Tenant and the Designated Officer, to confirm that the information recorded is
accurate and correct (see paragraph 10.2 – Guidance Notes for Assessing
Officers).
A Designated Officer (other than the Officer who carried out the assessment)
should check and sign each Visit Report to confirm that the details recorded,
and the points to be awarded, are correct.
10.1.12 DUPLICATE APPLICATIONS
Duplicate applications will be identified the day after registration on the Tenant /
Applicant Trace (R252) report.
Where a duplicate application is identified, the case should be checked on the
HMS system and: -
1. Where the previous application is found to be still “live”, the procedures
identified at 10.1.15 (Change of Address (Non-FDA Applicants)) should be
applied.
2. Where the previous application is found to have been “deleted”, the
Designated Officer should determine the most appropriate “Date of
Application”, i.e. whether the circumstances warrant the use of the Date of
Application of the
original application e.g. where the Applicant has moved
recently and has continually been interested in re-housing, or whether the
date of receipt of the most recent form, is applicable.
The only circumstances where an Applicant will be permitted to appear on 2
separate “live” applications at the one time would be where he / she is
Living Apart Due to Overcrowding (see Chapter 3, Paragraph 3.9.5) and an
assessment at both addresses is required. In this case the duplication will
be for a short time only as one of the Applications will subsequently be
deleted.
10.1.13 INPUT OF INFORMATION
Allocations should only be made using the HMS system. Since the Waiting List
on the HMS system is updated on an on-going basis, Designated Officers must
ensure that the full details of each assessed Applicant / transfer are input at the
earliest possible moment after completion of the visit / assessment.
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In Housing Executive District Offices the Designated Officer should carry out a
10% check of the assessed cases input to the HMS system, to ensure that the
information input is correct. The appropriate section of the Visit Report should
be endorsed to record that this check has been carried out.
10.1.14 ACCURACY OF INFORMATION
Each Applicant / Tenant is responsible for the correctness of all the information
given on the initial application / transfer form and at the interview / visit. He /
she is also responsible for informing the Landlord assessing his / her case in a
timely manner of every change in circumstances which could affect his / her
prospects of being re-housed.
Where it is discovered that the information on the HMS system is not correct as
a result of either incorrect or false information supplied by the Applicant, or that
an error has occurred in transcribing information by the Applicant, the
Designated Officer must immediately submit an amendment to the HMSsystem
and note this action on the Applicant’s file.
Where a house is allocated on the basis of information that turns out to be
incorrect or out of date, the Participating Landlord may take the necessary
action to recover possession of the property (See 10.7).
10.1.15 MAINTENANCE OF THE COMPUTERISED WAITING LIST
Applicants and Transfer applicants are reviewed annually to ensure that the
Waiting List only contains those applicants / tenants who are genuinely
interested in being housed. On the anniversary of an Applicant / Tenant being
registered on the Waiting List, a letter (see Chapter 11) will automatically be
generated by the HMS system for the relevant Landlord to issue. This letter
gives the Applicant the opportunity to renew the application, or withdraw from
the list.
If a reply to this letter is not received and input to the HMS system within 4
weeks, a further letter (see Chapter 11) will be generated by the HMS system.
This letter advises the Applicant / Tenant of the options but also warns that
failure to respond will result in his / her name being removed from the Waiting
List. If a reply to this letter is not received, and the details input to the HMS
system within 2 weeks, the case will be automatically cancelled. A letter
advising the Applicant / Tenant of the deletion will be generated by the HMS
system for the relevant Landlord to issue.
It is important that any replies received from applicants / tenants are input to
the HMS system as soon as possible to ensure that letters are not produced
and deletions do not take place unnecessarily.
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Housing Association Renewal Process
Housing Associations must extract renewal letters from their print manager
facility on a weekly basis by using the ‘u’ followed by HA Rad number followed
by the word ‘print’ e.g. u802print and the selected password. The renewal
letters can be found in ‘Batch Letters’ and should be printed and issued
immediately.
10.1.16 CHANGE OF CIRCUMSTANCES
Where an office is advised of an Applicant’s / Tenant’s change in circumstances
the Designated Officer should investigate to determine if a change in the
Applicant’s / Tenant’s position and rank will result. Applicants / tenants must
advise of any changes in circumstances either verbally or in writing. [When an
officer is accepting verbal confirmation they should be satisfied that the actual
applicant is making the request. This may include checking to verify by means
of a unique identifier]: for example, asking for Date of Birth, National Insurance
number, Housing reference number etc. (but not restricted to this list). If the
officer is satisfied with the verification, then they should record all of the relevant
information of the request on the notes tab in HMS and amend. (In any
circumstances where a verbal confirmation is accepted it is important that
details of the date and the officer receiving the information is recorded).
Consideration should always be given as to whether or not the change in
circumstances should result in the initiation of a Homelessness investigation.
Consideration should also be given as to whether or not the Applicant has
deliberately worsened their circumstances in order to improve their position on
the Waiting List (see para 3.22.0, Deliberate Worsening of Circumstances).
10.1.17 CHANGE OF ADDRESS (NON-FDA APPLICANTS)
The “no detriment” policy (see Chapter 3, paragraph 3.4.3) that applies for
Full Duty Applicants (FDAs) does not apply for non-FDAs i.e. non-FDAs
who change address are not automatically entitled to retain any previously
awarded points.
A full reassessment of the Applicant’s circumstances is
required and only the points applicable from the new address should be
awarded. Therefore, where a non-FDA changes address and still wishes to be
considered for alternative accommodation, the action to be taken will depend
on the location of the new address and is as follows:
1. If the new address is located
within the boundary of the Executive District
Office that processed the original application:
a)
That office should carry out a visit and a new Visit Report to record the
new points award and any other relevant information.
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b)
The current Application details on the PRAWL system should be
updated to reflect the change of address, change to the points award
(if applicable), and any other details.
2. If the new address is located
outside the boundary of the Executive District
Office that processed the original application:
a)
The “old” District Office should cancel the original application and
forward the file to the District Office within whose boundary the
Applicant’s
new address is situated, advising of the change of address
and subsequent need for a new Housing Needs assessment.
b)
The “new” District Office should register the case from the new
address, using the
original Date of Application.
c)
The “new” District Office should complete a new Visit Report to assess
the new points award and record any other relevant information.
d)
The “new” District Office should input the new award of points to the
HMS system (under the newly created reference number).
10.1.18 CHANGE OF PREFERENCE
Applicants may change their preferred Common Landlord Areas by either
providing written or verbal confirmation. [When an officer is accepting verbal
confirmation they should be satisfied that the actual applicant is making the
request. This may include checking to verify by means of a unique identifier]:
for example, asking for Date of Birth, National Insurance number, Housing
reference number etc. (but not restricted to this list). If the officer is satisfied
with the verification, then they should record all of the relevant information of
the request on the notes tab in HMS and amend. (In any circumstances where
a verbal confirmation is accepted it is important that details of the date and the
officer receiving the information is recorded).
Any changes required to the HMS system should be actioned in a timely
manner, to prevent possible misallocation.
10.1.19 CHANGE IN POINTS
Where a change in an Applicant’s / Tenant’s circumstances results in a change
in an award of points (either increase or decrease) and the change has not
been identified on new Visit Report, an “HSS Points Amendment Form” (see
Chapter 11) should be completed by the Designated Officer. The Amendment
form need only identify the
change in points i.e. it does not need to reflect
all points awarded for the Applicant / Tenant.
Where applicable, the reasons for an award / removal of points should be
clearly identified and any relevant documentation should be retained on the file
STAFF RESPONSIBILITES
The Computerised Waiting List is based on information prepared and keyed by
staff of the Participating Landlords and it is essential that this information is
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both
complete and accurate to prevent a misallocation. It is therefore
important that all input documents are completed
clearly and accurately and
that the details are
keyed correctly. All relevant documentation should be held
on the Applicant’s / Tenant’s file.
Detailed guidance on the preparation and keying of the input documents is
given in the HMS User Guide.
It is important that, when inaccuracies are discovered, the necessary
amendments to the PRAWL system are actioned immediately and the relevant
details are recorded on the file.
It is important that staff fully understand that they will not be held responsible
for a misallocation resulting from a fault in the HMS system.
10.1.20 COMPLAINTS
Any complaint received from an Applicant / Tenant regarding an assessment,
offer, allocation etc. should be dealt with by the “relevant” Landlord under their
“Complaints Procedure”. The relevant Landlord will be determined by the
issues relating to the complaint i.e. the “Assessing” Landlord for issues
regarding assessment, the “Allocating” Landlord for issues regarding offers /
allocations etc.
10.1.21 DELETION OF APPLICATIONS / TRANSFERS
Applicants / tenants can be deleted from the Waiting List either automatically
by the HMS system, or manually by a system user.
An automatic deletion will take place where:
1. An Applicant / Tenant is re-housed by a Participating Landlord and that
“Allocating” Landlord has keyed the relevant Offer and Offer Acceptance to
theHMS system. That Allocating Landlord may request the application /
transfer file from the office that assessed the case.
2. An Applicant / Tenant has not responded to the Renewal Reminder letters
which have been issued.
A manual deletion will take place where, for example, the Applicant has
advised, in writing, that they are no longer interested in re-housing etc. Only the
office that assessed the application / transfer can input such deletions /
withdrawals.
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All deleted cases are identified on the monthly “Deleted Applications /
Transfers” (R67) report which is generated for the “Assessing” Landlord and
may be used to update records / files as required.
More information regarding the procedures for the input of offers, offer
acceptance and deletions can be found in the HMS User Guide.
10.1.22 FORWARDING OF FILES
Where an Applicant / Tenant has been re-housed by one of the Participating
Landlords, the appropriate Housing file for that case will be forwarded to the
“Allocating” Landlord, if requested. Where a file has been requested by another
Landlord it is important to check that an Applicant / Tenant has been deleted
from the HMS system, before the file is sent i.e. the Offer and Offer Acceptance
have both been keyed. Where this is not the case, the “Allocating” Landlord
should be contacted and advised to take the required action immediately.
All Participating Landlords should record application / transfer files that have
been requested and received from Housing Executive District / Housing
Association Offices. They should also record details of any files they forward to
other offices, for cases they have initiated.
A Register(s) should be maintained which records the Name, Address, HMS
Reference No., Forwarding Address, date file requested / received and from
whom, date file sent and to whom, and any other details deemed necessary.
All requests for files should be made in writing and should include enough
information to allow the issuing Landlord to complete the appropriate register,
as identified above.
Where a Homelessness investigation has been carried out by the
Housing Executive for a case who is subsequently re-housed by another
Landlord / Housing Executive District Office, the original documents
relating to Homelessness should be retained in the “assessing” office
(for audit purposes), with copies forwarded with the rest of the file.
10.1.23 POSITION AND RANK
The PRAWL system provides information on an Applicant’s / Tenant’s position
and rank for accommodation in his / her Areas of Preference.
Position: The total number of points awarded and the Date of Application
determine an Applicant’s / Tenant’s “position” on the Waiting List.
Rank: The total number of points awarded, the Date of Application, and
minimum bedrooms required determine an Applicant’s / Tenant’s “rank” on the
Waiting List.
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Applicants / tenants may be advised by a Participating Landlord of their
position and rank on the Waiting List according to the on-line information
available. However, the Applicant / Tenant should further be advised that this is
liable to change at any time due to the following:
a) The position and rank of an Applicant / Tenant may change on a regular
basis where new cases are either added onto / deleted from the Waiting
List.
b) As it is possible to change Areas of Preference at any time, the position and
rank of an Applicant / Tenant could be superseded at any time by the
inclusion of an existing higher pointed case, in their Estate of Choice.
Additionally, the HMS Waiting List for most Estates may be distorted due to the
number of Transitionally Protected cases (see Chapter 10, Paragraph 10.8)
who may have been awarded a nominal number of points under the New
Scheme. This will continue to be the case until all the Transitionally Protected
cases have been re-housed / deleted.
Where a Designated Officer decides to inform an Applicant / Tenant of their
current position and rank, they should qualify the information given by advising
of the above caveats.
In line with Data Protection Legislation (see Chapter 10, Paragraph 10.3), an
Applicant / Tenant should not be given a printed copy of any documents that
contains details of any other Applicant / Tenant e.g. a copy of a HMS system
“Estate Waiting List”. However, if an Applicant requests a more detailed
“screen dump” of the HMS system “Transfer / Applicant Enquiry” screen for his
/ her case, which provides their position and rank, this should be issued
provided the above qualifications are clearly listed.
APPENDIX 10.1.1
HOUSING SELECTION SCHEME GUIDANCE MANUAL
CHAPTER 10 ADMINISTRATION
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Housing
Executive
Office:
Telephone:
Date:
Time:
Mr/Mrs _____________________________________________________
Address_____________________________________________________
I called today regarding ________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
but no-one was at home. Please contact me at the above office as soon as
possible.
…………………………………………………………………………………………….
Called at ________________________________________________________
On _____________________________________________________________
Regarding _______________________________________________________
_________________________________________________________________
Signed ___________________________________________________________
HOUSING SELECTION SCHEME GUIDANCE MANUAL
Northern Ireland Housing Executive
The Housing Centre
2 Adelaide Street
CHAPTER 10 AD
Belfast
M
I
BT
N
2
I
8
ST
PB
RATION
Telephone: 028 9024 0588 : Fax 028 9031 8008
Reviewed: December 2006
Housing
Textphone: 0845 6504381
www.nihe.gov.uk
Executive
Mr Joe Soap
Your Ref:
Our Ref:
Date
Dear
A Housing Visitor has called to your home on ________ occasions in order to
assess your housing requirements but has been unable to gain admittance.
In order for you to be considered for re-housing you should contact this office in
the next 7 days to make a suitable arrangement for access in order to assess
your circumstances.
Failure to contact this office within the next 7 days will result in the assumption
that you are no longer interested in re-housing and your application will be
cancelled.
Yours sincerely
District/Housing Manager
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10.2
GUIDANCE NOTES FOR ASSESSING OFFICERS
For completion of Housing / Homelessness Assessment Form and Input
Document, otherwise known as the ‘Visit Report’ (Parts 1 & 2)
10.2.1 PART 1 HOUSING/TRANSFER
This part of the Visit Report form should be completed for all general
applicants, homeless applicants and transfer cases.
Note: the assessing
officer must complete all boxes that are in bold.
Unsuccessful Visits
At least 2 attempted visits must be made, with ‘No Access’ cards being left to
advise the Applicant to make contact. The dates of all unsuccessful attempts at
visiting the Applicant/Transfer should be noted on the Visit Report (page 1).
Following 2 unsuccessful visits, the Applicant/Transfer should be sent a letter
requesting him/her to contact to contact the assessing office within 7 days to
arrange a suitable appointment. The application/transfer should be cancelled
after 7 days if no further contact is made.
Proof of Identification
It is a requirement for all Applicants to provide I.D. (See requirements on Page
2 of the Application Form). If I.D. has not been provided with the Application
form, the assessing officer must request same during the visit and record the
type of I.D. provided on page 1 of the visit form. If applicant fails to provide I.D.
the steps outlined in Chapter 10.14 of the H.S.S. Guidance manual should be
exercised.
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10.2.2 SECTION 1: PERSONAL / HOUSEHOLD DETAILS
10.2.3 APPLICATION / PERSONAL / HOUSEHOLD DETAILS
10.2.4 The
application will be registered on computerised waiting list i.e. on-line prior
to visit. Officers should check that the application is signed. If any details have
changed at time of visit, select types of change e.g. D.O.B., marital status, and
detail in the amendment box.
10.2.5 EMPLOYMENT /INCOME/ BENEFIT DETAILS
Officers should ask for details of the Applicant/Partner’s Employer, if
applicable, and any other Income or Benefits in payment.
Employees / Relatives
If the applicant /tenant or anyone who will be moving with them is a Housing
Executive or a Housing Association employee, these questions
must be
answered by ‘Yes’ or ‘No’. The relevant details should be entered in the
Notepad Comments.
Officers should enquire if the Applicant/Tenant is a close relative of a Housing
Executive or housing association employee. Close relative is defined as
husband /wife/civil partner/partner/son/daughter/ Foster child/brother/sister/
step brother/step sister/son in law/daughter in law/father/mother/mother in law/
father in law/step son/step daughter/step parents /sister in law/brother in
law/uncle/aunt/nephew/niece/ grandparent/grandson/granddaughter. If the
answer is ‘Yes’, details should be inserted on the on-line Notepad Comment.
.
Previous Address Details
List all the addresses where the applicant has lived over the last three years.
Dates, tenure, landlords name and address (if applicable) and reasons for
leaving each address should also be obtained from the applicant and recorded.
This information should be used in respect of investigations relating to
unacceptable behaviour and homelessness as necessary.
10.2.6 SECTION 2: APPLICATION DETAILS
Household Composition
Select the household composition according to the details of the
family/applicant. Circle one box
only (there are 26 compositions to choose
from). If
No. 21 is selected, you must decide and input one of the following
household types when assessing Sharing points.
Household Type
A = Adults with no dependent children
F = Families (normally with generation mix)
U = 16-18 year olds without dependent children sharing outside family home
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Type of Accommodation Required
You should be satisfied that the minimum bedroom requirements are entered,
officers should refer to the minimum bedroom requirement table for guidance
:
Size of Accommodation Guide
Single Person
1 Bedroom
1 Bed Space
Couple
1 Bedroom
2 Bed Spaces
2 Persons (not a couple) or 1 Parent and 1 Child
2 Bedrooms
2 Bed Spaces
Couple and 1 Child or 1 parent and 2 Children
2 Bedrooms
3 Bed Spaces
Couple and 2 Children
2 Bedrooms
4 Bed Spaces
1 Parent and 1 Adult and 1 Child
3 Bedrooms
3 Bed Spaces
1 Parent and 3 Children or Couple and 1 Adult and 1 3 Bedrooms
4 Bed Spaces
Child or 1 Parent and 1 Adult and 2 Children
Couple and 3 Children or 1 Parent and 4 Children or
3 Bedrooms
5 Bed Spaces
Couple and 1 Adult and 2 Children
Couple and 4 or more Children or 1 Parent and 1
4 Bedrooms
6 Bed Spaces
Adult and 3 or 4 Children
Other household compositions analogous to the above will be considered for
equivalent accommodation.
Enter the minimum bedrooms required, not the minimum bedrooms the
applicant would accept or prefer. The system will automatically default to the
maximum number of bedrooms i.e. one more than the minimum number
although this may be over written.
Any deviations to the Scheme standards
must be noted in Notepad Facility.
Wheelchair Facilities / Ground Floor
Ensure the applicant is asked concerning their accommodation requirements
and in particular identify if ground floor or wheelchair housing is appropriate. If
necessary, enter an appropriate comment in Disability Field. List any other
amendments to the application details since registration.
10.2.7 SECTION 3A: ELIGIBILITY (APPLICATIONS ONLY)
(A) Age
Regarding age requirements, the general rule is that an Applicant must have
attained the age of 18 years at the date of application. However an applicant
aged 16-17 may be considered are exceptions The assessing officer should
ask the appropriate questions regarding any applicant who is under 18 and tick
the relevant boxes where exceptions to the general rule apply. Where the
Applicant is aged 16 – 18 years old and answers ‘Yes’ to the question “Is
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Applicant living outside family home?” it will be necessary to confirm this as
sharing points may apply (see Section 7b).
The definition of ‘family’ in this context is as defined in the Housing (NI)
Order 1981 and is “ the spouse/civil partner of that person, or he and that
person live together as husband and wife or civil partners, or he is that
person’s parent, grandparent, child, grandchild, brother or sister.”
Note: (i) A relationship by marriage/civil partnership shall be treated as a relationship
by blood and a relationship of the half-blood shall be treated as a relationship
of the whole blood, and the stepchild of a person shall be treated as his child.
(ii) A foster child will be entitled to sharing points if applying from the foster
home. This is because they are not considered to be a member of the foster
parent’s family, as the arrangement is of a temporary nature. Alternatively,
adopted children would not be entitled to sharing points if applying from their
adoptive parent’s home, as their arrangement is considered to be to
permanent.
B)
Connection with Northern Ireland
The officer should be satisfied that all relevant information is noted so that a
decision on eligibility may be made. Officers should take into consideration the
applicant’s normal residence, previous addresses over the last 5 years,
employment, family associations or any other special circumstances. See HSS
Guidance Manual- Chapter 2.4.
10.2.8 SECTION 3B: ELIGIBILITY (APPLICATIONS ONLY) (PAGE 4)
(a) Persons from Abroad
Prior to the visit, the Officer should check if the applicant has completed
this section in the application form. If this has been identified, the Officer
should ensure that they bring a copy of the Eligibility Pathway in Chapter
10.9 of the H.S.S. Guidance Manual to the visit.
However, regardless of the replies in the application form, the Officer
should ask
all applicants if he/she is a person from abroad at the visit
interview. If the applicant is a person from abroad, the Eligibility Pathway
should be completed and all relevant identification e.g. Passport / EU ID
Card, and documentation e.g. Home Office papers checked and
photocopies to be retained on file. Careful attention should be paid to any
endorsements on the passport
(See Chapter 10.9). Officers should not
advise the applicant of their entitlement at this stage. The applicant
should be advised that their eligibility as a person from abroad will be
determined following consideration of all the facts and they will be advised
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of the outcome as soon as investigations have been completed. Such
decisions should be made when all investigations are complete. Officers
should contact staff in Housing Policy, HQ for advice and assistance on
individual cases as necessary. Until you are satisfied that they are
ineligible, we may have a duty to the applicant as a homeless person, if
he/she is in priority need, so a homeless assessment should be carried
out in the interim.
If the applicant is found to be ineligible, the keying officer should be
instructed to withdraw the application using reason code 30 and to issue
the computer generated letter for “
APPLIC INELIGIBLE”.
(b) Unacceptable Behaviour
Prior to the visit, staff should check the R252 Tenant Applicant Trace
particularly in relation to any deletions and the reason for deletion. Where
the Officer has reason to believe that there are issues relating to
unacceptable behaviour, checks should also be made against the
Disqualification Register; previous ASB files; Past Tenant files etc and all
relevant information photocopied and collated on the applicant file.
Officers should ensure that the questions on Page 4 of the Application
Form have been completed and should use these as a basis for
investigations. However, any negative answer would not preclude
Officers from making further investigations where they have reason to
believe that the applicant may have been guilty of unacceptable
behaviour.
During the visit interview, the Officer should endeavour to obtain as much
information as possible from the applicant in respect of reasons for leaving
previous addresses and whether the applicant has been involved in anti-
social behaviour or convicted of a serious arrestable offence committed in
a dwelling occupied by them or the locality of such a dwelling, including
temporary accommodation.
The three-step decision making process should be completed using the
Guidance provided
and the Senior Housing Officer should be involved in all cases where
there are issues relating to unacceptable behaviour. A record must be
kept of all enquiries made and all verbal and written information should be
documented on the file.
The decision regarding ineligibility should be
authorized by the District Manager. Staff in Housing Policy, HQ should
be contacted for advice and assistance on individual cases as necessary.
If an applicant is found to be ineligible due to Unacceptable Behaviour, the
keying officer should be instructed to withdraw the application using
reason code 31 and to issue the computer generated letter for “
APPLIC.INELIGIBLE” to the applicant concerned.
Note:
(a) All joint applicants must be eligible both as a person from abroad and in
terms of behaviour
.
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(b) Ineligible decisions must be authorised by the District Manager or in
his/her absence the Assistant District Manager.
10.2.9 SECTION 3C: ELIGIBILITY (TRANSFERS ONLY) (PAGE 5)
The Transfer Policy only applies to requests for re-housing from tenants
in accommodation owned by a Participating Landlord, which has been let
on a permanent basis.
a)
Access Criteria - Assessing officers should check tenant’s details before
visit i.e. the length of tenancy, rent account, condition of the current
accommodation, recoverable charges and any serious breaches of
tenancy conditions including unacceptable behaviour. The principles
employed in terms of the three-step process detailed on page 4 of the
visit/input form should also be applied to any tenants seeking a transfer.
b)
Access Waiver – The decision to waive access criteria will be made after
the visit and will be based on the housing needs of the tenant.
The
deciding officer must not be the assessing officer. Tenants who
have been guilty of serious unacceptable behaviour may not be
granted a waiver.
c) Management Transfer Status – the assessing officer should recommend
management transfer by inserting ‘Yes’ against the relevant criteria. Any
decision regarding the award of Management Transfer status will also be
made after the visit and will be made by the Housing Manager.
10.2.10 SECTION 4:
CRITICAL DATES (Page 6)
Critical Dates: Any relevant critical dates should be entered. Critical date
must
be a future date e.g. expected date of confinement. If applicable, insert the
critical date and add comment.
Appearing on more than one Application Form
The Assessing Officer should be satisfied that the person concerned should
only appear on one application form. If the answer is ‘Yes’, this should be
discussed further with the Applicant for clarification.
10.2.11 SECTION 5:
PRESENT HOME DETAILS (Page 7)
Present Home Details: Assessing officer should tick relevant Tenure.
(When NIHE transfer application is registered on on-line system tenure will
automatically default to Housing Executive Tenant.)
Number of Bedrooms in current property: Actual number of bedrooms in
current property should be inserted.
Current Property Type: One of the following types should be inserted:
house, maisonette, flat, bungalow, cottage, or mobile.
If other please state for example multi-storey flat, lodging house, hotel, hostel,
bedsit or Orlit.
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Mutual Exchange Question: applies to both applicants and transfers
For transfer cases, assessing officers should make reference to the Mutual
Exchange question in the application form.
10.2.12 SECTION 6: APPLICANT’S HOUSING CHOICES / PREFERENCES
All Applicants must indicate at least one preference, and can choose a
maximum of two Common Landlord Areas (CLAs). Ensure the applicant is
aware of the Common Waiting List and discuss all the social landlords offering
accommodation in the Common Landlord Area surrounding the applicant's
area(s) of preference, as there may be more than one social landlord within
these areas.
All Applicants may opt for the General Housing Area (GHA) surrounding
his/her areas of choice. Assessing Officers should ensure that this facility is
explained to all applicants/transfers.
If an applicant in the Common Landlord Areas does not want to be considered
for all the social landlords, specify the landlord and the estate/project they do
not want to be considered for. Ensure the applicant is aware of the variety of
accommodation offered within the Common Landlord Area as some of it may
be unsuitable for their needs e.g. sheltered housing.
If there are any comments regarding the applicants estate / project choices or
social landlords please enter in comments box. (The same procedure should
be followed in relation to a second preference if applicable.)
10.2.13 SECTION 7: HOUSING NEEDS ASSESSMENT & POINTING INPUT (Page 9)
Assessing Officers should note the reasons for re-housing indicated in Section
B (question 3a) of the application/transfer form.
Section 7a Insecurity of Tenure
a)
Intimidation (awarded by Housing Executive only and as a result of a
homelessness investigation).
b)
Homelessness (Full Duty Applicant) (awarded by Housing Executive only
and as a result of a homelessness investigation).
c)
Other Homeless – points may be awarded only where applicant/transfer is
not considered a Full Duty Applicant. Homelessness investigation must be
carried out first, if there is a negative homeless decision, then assessing
officer must consider if applicant/transfer meets criteria for the award of
Other Homeless Points.
Section 7b Housing Conditions
Sharing - Select household type (refer back to Section 2 Household
Composition) choose the column which relates to this and tick appropriate
boxes for sharing points. If the applicant is 16-18 years old and has no
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dependent children, points will only be awarded if he/she is sharing outside the
family.
Do not record the actual points, as this is system generated to household
type.
The definition of ‘family’ in this context is as defined in the Housing (NI) Order
1981 and is: “the spouse/civil partner of that person, or he and that person live
together as husband and wife/civil partners or he is that persons’ parent,
grandparent, child, grandchild, brother or sister.”
Note:
(i)
A relationship by marriage/civil partnership shall be treated as a
relationship by blood and a relationship of the half-blood shall be
treated as a relationship of the whole blood, and the stepchild of a
person should be treated as his child.
(ii) A foster child will be entitled to sharing points if applying from the foster
home. This is because they are not considered to be a member of the
foster parent’s family, as the arrangement is of a temporary nature.
Alternatively, adopted children would not be entitled to sharing points if
applying from their adoptive parent’s home, as their arrangement is
considered to be permanent.
Overcrowding - The points are based on the total overcrowding in the house.
a)
Rooms which are less than 3.7m. sq. (40sq.ft) will not be deemed suitable
for use as a bedroom;
b)
If a dwelling has two reception rooms, one of them will be counted as a
bedroom;
c)
Single parents and all adults (over 18 years old) will not be expected to
share his/her bedroom;
d) Different generations or members of different family units (i.e. aunt and
niece) are not expected to share a bedroom.
The sizes of bedrooms that will be considered adequate for meeting Applicants'
needs are as follows:
i.
Bedroom: over 3.7 and less than 6.5 sq. m. (40 - 69sq. ft) is adequate for
1 child under 7 years old
ii.
Bedroom: over 6.5 and less than 9.3 sq. m. (70 - 99 sq. ft.) is adequate for
any of the following:
- 1 person of any age
- any 2 persons of the same gender under 18 years of age
- any 2 children under 7 years of age regardless of gender
iii.
Bedroom: over 9.3 sq. m. (100+ sq. ft.) is adequate for any of the
following:
- 1 person of any age
- 2 persons living as a couple
- any 2 persons of the same gender under 18 years of age
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- any 2 children under 7 years of age regardless of gender
In addition to meeting certain size criteria, a room must also be capable of
being used as a bedroom. The room's shape and the amount of available head
room must be reasonable for the room to accommodate a bed (of relevant
size), appropriate furniture e.g. wardrobe and chest of drawers, and there must
be sufficient access space.
Note: Bedsits should be considered as having
no bedrooms for the purposes
of the overcrowding assessment.
Note: When determining the level of Overcrowding, the Designated Officer
should consider the ‘best use’ of the available bedrooms in a property and not
necessarily the arrangements which exist within a household i.e. if an
arrangement exists in a household whereby a single Applicant has the use of a
double bedroom whilst a couple have use of a large single bedroom, a paper
exercise should be carried out to ‘place’ the members of the household in the
appropriately sized rooms
The Housing Manager has the authority to exceed these requirements. You
should detail all the family units in the property showing relationships and ages.
Work out the total number of bedrooms required and subtract this from the
number of bedrooms in the property to calculate the number of bedrooms
short.
The assessing officer must enter the number of bedrooms short.
Lack of Amenities – This normally applies to Applicants only. Tick "Yes" or
"No" to relevant boxes, system will automatically generate points. The award of
points for any one of the listed criteria (apart from lack of electricity supply) may
indicate that the property is unfit and you should refer the property to the
relevant Environmental Health Department (Employer Council) for an
inspection. Additional comments may be included in the Notepad Comments.
Referred to Environmental Health Department (Employer Council): if referred,
the date sent and the date of the decision should be keyed.
Section 7c Health & Social Well Being Assessment
The Assessing Officer should note from the application form as to whether the
applicant/tenant has indicated that he/she or a member of their household has
a health & social well being problem which is seriously affected by their current
housing and also from the “Reasons for Re-housing” as to whether there may
be social factors to be considered.
Functionality Matrix: If the matrix is being applied, then the name(s) of the
person(s) should be entered. It may be used for more than one person but not
more than two persons. The person scoring the highest points should be
included in the first functional matrix. The assessing officer must complete the
matrix by circling the relevant number, where the applicant /tenant has
indicated that he/she has such problems in their current accommodation.
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Number 1 – mobility within existing accommodation – use either 1a), 1b) or 1c)
and circle appropriate number in relevant column.
Number 2/3 – Internal Factors – circle appropriate number in relevant column.
Number 4/5 – External Factors – circle appropriate number in relevant column.
Unsuitable Accommodation Points: Answer Yes or No
These points will be awarded where the scoring on a second functionality
matrix is 6 or more (system generated) or by the Assessing Officer where the
applicant or a member of his/her household has difficulty accessing his/her
accommodation because it is above ground floor level and it is not served by a
lift.
Additional Questions to be asked – The assessing officer should note any
adaptations that have been carried out for the applicant and what (if any)
adaptations would assist the applicant to stay put in his/her current dwelling.
Support / Care Matrix
The matrix is only to be applied where the applicant/tenant has indicated on
their application form that he/she has support/care needs
. If the matrix is being
applied, then the name(s) of the person(s) should be entered. The assessing
officer should circle the appropriate number in the relevant column, even if the
Applicant is not seeking Sheltered/Supported Housing only.
Is Applicant/Transfer seeking Sheltered/Supported Housing?
Answer ‘Yes’, if the
only choice is sheltered or supported housing (this ensures
that the score from the support/care matrix is added to overall points score).
Answer ‘No’, if the Applicant/Transfer has indicated that he/she wishes to be
considered for
both General Needs and sheltered accommodation as his/her
housing choice. In this case, a comment should be made in the Notepad to
indicate that the applicant has support/care needs.
Primary Social Factors.
Officers should make reference to the “Reasons for Re-housing” as indicated
on the application form and make any subsequent enquiries as appropriate
before awarding such points.
Only
one of the first three Primary Social Need factors may be awarded. If the
Applicant/transfer qualifies for any of the first 4 Primary Social factors, or
Primary Social factor 7, he/she
must be considered under the homelessness
legislation. An Applicant may qualify for a number of primary Social Factors,
however, the maximum award will be capped at two factors.
Other Social Factors
Officers should make reference to the “Reasons for Re-housing” as indicated
on the application form and make any subsequent enquiries as appropriate
before awarding such points. An applicant may qualify for a number of Other
Social Factors, however, the maximum award will be capped at four factors.
Where the applicant has been awarded Other Social Factor points for:
a)
Outside travelling distance of new job/course of study;
b)
Needs to live in an area to receive or give support;
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c)
Needs to be near family for childcare to aid employment;
d)
Needs to be near specialist facilities;
e)
Alternative accommodation recommended by Social Services;
f)
Analogous circumstances.
The keyer will be asked if those points apply for each CLA Area of
Preference, you should enter "Y" to each factor, if not enter "N" under the 1st
and 2nd preference columns. The system will then generate appropriate points.
If the applicant has two preferences, ensure the same procedure is followed.
Under-occupation
These points only apply to Executive and housing association transfer cases.
The assessing officer must key in the number of excess bedrooms/living rooms
i.e. those rooms that are in excess of minimum requirements. Where Under-
occupation and Overcrowding points co-exist, only overcrowding points should
be awarded.
(Complex Needs Points – see Section 9)
Section 8
Professional Contacts
Where the applicant/transfer case has indicated that they are in receipt of
services from or have been in contact with other agencies, the assessing
officer should then complete this section.
Section 9
Complex Needs Applicants
These points will only be awarded on the recommendation of the Area based
Housing Support Service Officer, and are only applicable where the agreed
housing choice is General Needs/ Sheltered accommodation for a Complex
Needs Applicant.
Where the agreed housing choice is Supported Housing, the award of Complex
Needs points does not apply unless the housing choice is amended at a later
date.
Section 10
Other Housing Options (These questions must be asked)
This section of the visit report covers questions on Latent Demand, garages,
renting from a private landlord and intention to purchase either now or in the
future including Co-Ownership.
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The question regarding interest in a Group Housing Scheme is intended only to
be applied to applicants who are Travellers.
Section 11
Notepad Comments Facility
You should insert any general comments relevant to the application and
include any comments from the visit report. You should note that specific
comments could also be included elsewhere in relation to disability, critical
dates (Section 4) and preferences (see Section 9). However, the Notepad
Comments will be the most readily available to all users of the Waiting List
System. As many users will not have easy access to the application form and
file, you should ensure that comprehensive comments are included in this
section.
Release of Information on Other Tenures
Where the applicant/transfer case has indicated an interest in other tenures, as
in Section 10, he/she must be asked if they will allow such information to be
released to interested parties. The Assessing office must indicate ‘Yes’ or ‘No’.
Signatures
The Applicant/joint applicant should complete this section. The Assessing
Officer should also sign the ‘Visit Report’.
10.2.13 ADDITIONAL GUIDANCE NOTES FOR TRANSFERS
Family Details
Particular attention should be paid on the Transfer Form to Section A (Details
of Family), and questions 2g and 2h, which relate to household members who
do not intend to move when the tenant(s) are offered a transfer. If not all family
members intend moving, ensure the implications are made clear to the tenant
in terms of Assignment Policy. You should bring to the attention of a Senior
Officer and where appropriate the Housing Manager. Where necessary, record
relevant information as a Notepad Comment.
10.2.14 PART 2
INSECURITY OF TENURE
SECTION 1: INTIMIDATION POINTS
This section is only to be completed where the applicant/tenant has indicated
that they are homeless as a result of terrorist, sectarian or racial intimidation or
because of an attack motivated by hostility because of an individual’s disability
or sexual orientation and where the Housing Executive has determined if any
Intimidation points should be awarded arising from a homelessness
investigation.
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10.2.15 SECTION 2A: HOMELESSNESS/THREATENED WITH HOMELESSNESS -
FULL DUTY APPLICANT POINTS
The assessing officer should be satisfied as to whether the applicant is
homeless or threatened with homelessness, based on the information provided
by the applicant. If a homeless assessment is required you should tick ‘Yes’
and ensure that a homeless assessment is made. Otherwise, tick ‘No’. The
Date of Presentation should be completed.
10.2.16 APPLICANT DETAILS
This must be completed where the homeless applicant is not the same person
who completed the General Housing Application Form (e.g. is a member of the
Housing Applicant’s family).
10.2.17 HOUSEHOLD DETAILS
Please ensure these boxes are updated (if different) from housing application
as they are essential to assessment of priority need. Answer the questions
relating to any household member who is pregnant, disabled or undergoing
medical treatment.
Correspondence Address and Telephone Number - The system will
automatically assume the address and telephone number on the
Housing/Transfer application form, although these details will not appear on the
homeless screen.
Where an address and telephone number other than that on the
Housing/Transfer application is to be used, then a correspondence address
must be keyed as outlined in 1 or 2 below:
1)
Where a homeless applicant
IS NOT placed into temporary
accommodation but is using a correspondence or crisis address, the
address and telephone number must be recorded and keyed onto the
system using the “Address” key.
2)
Where a homeless applicant
IS placed into temporary accommodation,
the address of the accommodation and other details must be recorded
and keyed onto the system using the “Placements” key.
10.2.17 CURRENT / PREVIOUS ADDRESSES
Any previous addresses in the last 3 years before the homelessness
presentation should be noted on page 2 of the input form as this will assist in
establishing homelessness. The applicant should already have provided some
address details but information such as ‘reasons for leaving’ ‘landlord details’
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etc should be sought at the homeless assessment interview.
This information
should also be used in respect of any investigations relating to eligibility.
10.2.18 INCOME DETAILS
Ensure that relevant income details are always completed.
10.2.19 OTHER AGENCIES INVOLVED
Record details of all agencies involved with the homeless applicant that may
assist in enquiries regarding the applicant’s circumstances.
10.2.21 HOMELESS CASE REPORT – INVESTIGATION WILL BE CARRIED OUT
BY NIHE ONLY
(i) Assessment of Homelessness/Threatened Homelessness - outline the
applicant’s given reason(s) for homelessness/threatened homelessness.
(ii) Assessment of Priority Need - Outline the priority need category where
applicable, or state that the applicant does not appear to meet the priority
need criteria. It is important to ensure that all criteria are checked - it is
not for example sufficient to assume that a single person is not in priority
need, as s/he may meet some of the legislative criteria for priority need.
These are:
•
A pregnant woman or a person with whom a pregnant woman
resides or might reasonably be expected to reside;
•
A person with whom dependent children reside or might reasonably
be expected to reside;
•
A person who is vulnerable as a result of old age, mental illness or
handicap or physical disability or other special reason, or with whom
such a person resides or might reasonably be expected to reside;
•
A person who is homeless or threatened with homelessness as a
result of an emergency such as a flood, fire or other disaster;
•
A person without dependent children who satisfied the Executive that
s/he has been subject to violence and is at risk of violent pursuit or, if
s/he returns home, is at risk of further violence;
•
A young person who satisfies the Executive that he is at risk of
sexual exploitation.
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(iii) Intentionality - if the applicant is, or appears to be homeless and in priority
need, indicate matters to be considered if assessing Intentionality, such as
“deliberate act or omission” which may have led to the applicant’s
homelessness. It is important to establish reasons why an individual became
homeless (as if for example, the homeless applicant gave up a secure tenancy,
the reasons for this action should be noted).
(iv) Eligibility
NOTE: THE ELIGIBILITY TESTS SHOULD BE CARRIED OUT
SIMULTANEOUSLY TO ALL OTHER ASPECTS OF THE HOMELESSNESS
INVESTIGATION.
(a) Persons from abroad
Officers should ensure that the questions on page 4 of the
Application form have been completed.
As per section 3B on Page 4 of the visit/ input form, the Officer should ask
all applicants if he/she is a person from abroad at the time of the interview.
If the applicant is a person from abroad, the Eligibility Pathway should be
completed and all relevant identification e.g. Passport / EU ID card, and
documentation
e.g. Home Office papers checked and photocopies taken. Careful
attention should be paid to any endorsements on the passport (See
Chapter 10.9). Officers should not advise the applicant of their entitlement
at this stage. The applicant should be advised that their eligibility as a
person from abroad will be determined following consideration of all the
facts and they will be advised of the outcome as soon as investigations
have been completed. Such decisions should be made when all
investigations are complete. Officers should contact staff in Housing
Policy, HQ for advice and assistance on individual cases as necessary.
(b) Unacceptable Behaviour
Officers should ensure that the questions on page 4 of the
application form have been completed and that page 2 of the visit
form in relation to previous addresses has been completed together
with reasons for leaving. Where the officer has reason to believe that
there are issues relating to unacceptable behaviour, checks should also
be made against the Disqualification Register, previous ASB files, Past
Tenant files etc. and all relevant information should be photocopied and
collated on the applicant’s file. During the homeless interview the Officer
should endeavour to obtain as much information as possible from the
applicant in respect of reasons for leaving previous addresses and
whether the applicant has been involved in anti-social behaviour or
convicted of a serious arrestable offence committed in a dwelling occupied
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by them or the locality of such a dwelling, including temporary
accommodation.
The three-step decision making process should be completed using the
Guidance provided and the Senior Housing Officer should be involved in
all cases where there are issues relating to unacceptable behaviour. A
record must be kept of all enquiries made and all verbal and written
information should be documented on the file.
(v) Enquiries / Evidence requested - record appropriate details of letters
sent/telephone calls made etc - such records should be signed and dated.
(vi) General Comments / Investigations made - provide a detailed report of
the facts presented to you by the homeless applicant and investigations
made (use additional pages if necessary).
(vii) Interim Accommodation
Complete the questions relating to temporary accommodation and
furniture storage
Ensure that this report is signed and dated.
10.2.22 SECTION 2B: OTHER HOMELESS
Housing Executive/Housing Association Designated Officers may award
these points.
You should consider the award of Other Homeless points where the
Applicant/Tenant is not owed a Full Duty under the Homelessness legislation.
You should also consider the ready availability of suitable alternative
accommodation within the GHA encompassing the applicant’s area of choice.
You should also consider whether the applicant is in a position to seek and
obtain such alternative accommodation based on his/her financial and family
circumstances.
The award of these points must be authorised by the District / Housing
Manager.
10.2.23 HOMELESS DUTIES/ACTIONS (FOR HOUSING EXECUTIVE USE ONLY)
Homeless Presentation Date - if the applicant/tenant has answered YES to
question on homelessness on the application form or the transfer/exchange
form, enter the date the form has been received by the Executive. If the
applicant presents as homeless at a later date, enter that date.
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Reason Given for Homelessness - enter one of the following codes which
indicate the applicants
given reason for homelessness/threatened
homelessness:
Homeless Reason Codes
1. Breakdown of sharing/family dispute
10. Mortgage arrears
2. Relationship breakdown
11. Release from prison
3. Intimidation (Civil Disturbance)
12. Hospital discharge
4. Bomb/fire damage (Civil Disturbance)
13. Child ex-care
5. Neighbourhood harassment
14. Loss of private rented accommodation
6. Battered partners/violence
15. Loss of NIHE accommodation
7. Sexual abuse/violence
16. Other action
8. Accommodation not reasonable
17. No accommodation in Northern Ireland
9. Fire/flood/other emergency
Presenting Applicant - the system will automatically assume the Presenting
Applicant is the first named applicant on the housing application/transfer form.
If this is not the case, enter the homeless presenter’s name.
Household Composition - the system will automatically assume the
Household Composition is that on the housing application/transfer form.
Furniture storage provided - ensure that you record whether or not the
Executive arranged to have the homeless applicant’s belongings stored. (Tick
YES or NO as appropriate.)
Date stored - always enter the date the applicant’s belongings were taken into
storage by the Executive.
Voucher number - enter the number on the furniture storage voucher.
Furniture storage contractor/contact details - enter the name, address and
telephone number of the furniture storage company.
Inventory taken by (attach copy) - record the name of the person who
completed the inventory of items taken into storage. A copy of the inventory
must be held on the applicant’s file.
Date - enter the date the inventory was completed. This date should be on the
actual inventory.
Comments regarding furniture storage (if required) - there may be
occasions when this section will have to be completed (e.g. company didn’t
turn up, homeless applicant wasn’t there etc).
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Taxi/transport offered - indicate whether or not the homeless applicant was
offered transport to their temporary accommodation.
Taxi/transport accepted - indicate if the homeless applicant accepted or
refused any transport offered.
Voucher number - record the number on the taxi voucher.
Taxi/transport details/comments - any relevant comments relating to
transport arrangements should be recorded e.g. was journey broken to collect
a family member, if a bus was used give details.
Temporary Accommodation
Indicate if temporary accommodation has been offered and accepted.
10.2.23 FINAL DECISION DETAILS
Date of final decision - enter the date on which the final decision was
reached.
The keyer must use either threatened homelessness or Homeless (not
both) Assessed reason - in all cases where the applicant is accepted as homeless
or threatened with homelessness, enter one of the Homeless Reasons Codes
listed previously. This may be different from the reason given for
homelessness by the applicant.
Priority need - enter YES or NO in all cases where the Executive has
accepted the applicant is homeless/threatened with homelessness, following
consideration of Priority Need criteria outlined previously.
Priority need category - select one of the following priority need codes where
priority need is “Y”:
Priority Need Codes
1. Pregnant
6. Vulnerable - Old Age
2. Dependent child/children
7. Vulnerable – Mental
3. Fire/Flood/Emergency
8. Vulnerable – Physical
4. Violence
9. Vulnerable - Other
5. Sexual/Financial Exploitation
10. Unobtainable
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Intentionality - enter YES or NO in all cases where the Executive has
accepted the applicant as being homeless/threatened with homelessness
and in priority need.
Reason for Intentionality - explain why you have concluded that the
homeless applicant is intentionally homeless. You must include the particular
act or omission, the consequence of which resulted in the homeless applicant
ceasing to occupy their last settled address e.g. failure to pay rent, breach of
tenancy agreement, leaving the accommodation of their own accord. You must
also state that the accommodation would have been reasonable and available
for the applicant to continue to occupy. This section must be completed for all
homeless assessments where the applicant has been found to be intentionally
homeless.
Eligibility- Enter Y or N in accordance with the decision reached.
If the answer is N circle the reason for ineligibility i.e. Person from abroad or
Unacceptable Behaviour.
NOTE: The decision regarding ineligibility
must be authorised by the District
Manager.
If an applicant is found to be ineligible the Officer should instruct the keyer to
use the appropriate deletion code and issue the correct computer generated
letter(s) for
“APPLIC. INELIGIBLE” to the applicant concerned.
Appeal 1 - enter Y if the applicant has appealed the District Office decision,
otherwise leave the box blank.
Date received - enter the date the 1st stage appeal was received.
Comments/Action taken - enter any details relating to the appeal e.g. if a
solicitor/voluntary group made the appeal on the applicants behalf, new
information presented, further developments, further information now required
etc.
Outcome of Appeal 1 / Decision upheld - enter Y or N in all cases where a
1st stage appeal has been submitted.
Date - enter the date on which the appeal was either upheld or overturned.
Appeal 2 - enter Y if the applicant has made a 2nd stage appeal, otherwise
leave the box blank.
Date received - enter the date the 2nd stage appeal was received.
Comments/Action taken - enter any details relating to the 2nd stage appeal as
outlined at (xi) above.
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Outcome of Appeal 2 / Decision upheld - enter Y or N in all cases where a
2nd stage appeal has been submitted.
Date - enter the date on which the appeal was either upheld or overturned.
10.2.24 PLACEMENT DETAILS
Placement No: - the placement number is system generated when temporary
accommodation placement details are saved. The placement no. should,
however, be written on the Temporary Accommodation Amendment Form.
Voucher No: - in all cases where temporary accommodation is arranged by
the Executive enter the number of the temporary accommodation voucher
(number is on the voucher) and indicate if the voucher is financial or non-
financial.
Temporary Accommodation (Placement) Address - temporary
accommodation addresses are held on the system. If the address to be used
is not held on the system, you should contact the PRAWL helpdesk with the
details (and they will arrange to add the details of the address). Ensure you
record the temporary accommodation details on this section of the form.
Temporary Accommodation Type - select one of the following temporary
accommodation type codes:
Temporary Accommodation Type Codes
1. NIHE
2. Voluntary
3. Bed Bureau
3. Private
5. Other
Unit No: enter the room number where applicable.
AHS (After Hours Service) - enter Y or N or if unknown, leave blank.
Date in: enter the date the homeless applicant was placed in temporary
accommodation.
Reason in: select one of the following ‘Reason for Placement’ codes:
Reason in Codes:
1. Pending investigation
2. Intentionally homeless
3. Priority granted – pending re-housing
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Date out - enter the date the homeless applicant left the temporary
accommodation.
Reason out - select on of the following Reasons Left codes:
Reason Out Codes
1. Moved into NIHE hostel
8. Re-housed by NIHE
2. Moved into Vol Sector hostel
9. Re-housed by Housing Association
3. Moved private (bed bureau)
10. Re-housed by private sector
4. Moved private (non bed bureau) 11. Re-housed by other
5. Moved other arranged by NIHE
12. Applicant’s whereabouts unknown
6. Made own temp arrangements
13. Application withdrawn
7. Limited duty only owed by NIHE
14. Other
Comments - Enter any comments relevant to temporary accommodation
placements e.g. size of unit/room, reason for placing outside the Bed Bureau etc.
If the applicant is subsequently placed in alternative temporary accommodation,
the above placement details should be recorded on a
HMS TEMPORARY
ACCOMMODATION AMENDMENT FORM and held in the file. Similarly, if there
are other changes in circumstances, the details should be recorded on a
HMS HOMELESS AMENDMENT FORM, and held in the file.
10.2.25 FINAL ACTION DETAILS
Date of final action – Only select 1 of the following 3 reasons
(ii) Application withdrawn - enter YES.
Or
(iii) Priority withdrawn - enter YES.
Or
(iv) Re-housed by - if the applicant has been re-housed, select one of the
following codes to indicate who s/he has been re-housed by:
Re-housed Codes:
14. Re-housed by NIHE
15. Re-housed by Housing Association
16. Re-housed by private sector
17. Other
Address - enter the address where the homeless applicant has been re-
housed.
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COT date (if applicable) - enter the tenancy commencement date.
Temporary accommodation end date - in all cases where the applicant has
been placed in temporary accommodation by the Executive, enter the date on
which the duty to provide such temporary accommodation ceased. This will be
system generated from the most recent placement end date as inserted in
Placement Details - ‘Date Out’ field.
Furniture storage end date - in all cases where the Executive arranged to
store the applicants’ belongings, enter the date on which the Executive ceased
to have a duty to store belongings.
10.3
DATA PROTECTION
10.3.1 GENERAL
The Data Protection Act 1998 (the 1998 Act) came into force on 1 March 2000.
The new Act, which replaced the Data Protection Act 1984, sets out rules for
processing personal information and applies to some paper records as well as
those held on computers (extends subject access rights to most paper records-
including housing files).
Personal data covers both facts and opinions about the individual. It also
includes information regarding the intentions of the data controller towards the
individual.
Participating Landlords – Assessing Landlord – Allocating Landlord
Further Information
These procedures relate to housing files. Detailed information can be obtained
from the following:
Michael Faherty (Data Protection Officer) I.T. Department, Extension 2970 or
Jim Johnston (Records Officer) Facilities Services, Extension 2970.
The Divisional Representative for Housing & Regeneration is Jim Hughes,
Extension 2257. Housing Associations should contact N.I.F.H.A. for further
information.
10.3.2 DATA ACQUISITION
Declaration; Making Enquiries: Sharing information with other Landlords. By
obtaining a declaration from all applicants and transfer applicants, we have the
authority to process personal information and share it with other Landlords.
This means as well as viewing the information on-line, each Landlord would be
permitted to photocopy application forms / Visit Input /Assessment Form. It is
very important that all Applicants sign the Declaration. If an Applicant refused
to sign the Declaration, the procedures outlined in 10.4 should be followed.
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10.3.3 DATA ACCURACY
The extension of the Data Protection Act to cover personal data in manual files
means that all staff need to be aware of the duties imposed on them by the Act.
It should also be remembered that personal information recorded on manual
files may at some later stage be made available to the tenant following a
Subject Access Request. When recording an opinion make sure that it is
supported by relevant facts and avoid the use of contentious language. Make
sure that you keep a complete record of any data that is disclosed in order to
meet the requirements of Paragraph 10.3.2.
Recording Information on Files
Personal Data should be adequate, relevant and not excessive in relation to
the purpose for which it is processed.
Adequate:
Ensuring you have sufficient information to enable you to
perform the particular business function – e.g. allocating a
house.
Relevant:
Only obtain and record information that is appropriate to the
particular business need.
Not Excessive: Keep it simple. Only record information that is essential.
Any opinions recorded should be supported with relevant
facts and be directly linked to the business needs of the
Executive. The recording of contentious opinions should be
avoided.
Information should also be
accurate and kept
up to date. Check all facts.
Make sure that information is correct before recording it on file. Keep
information held on file up to date. Implement the retention Policy to ensure the
prompt destruction of obsolete material. The regular amendment, deletion or
removal of inaccurate or out of date data should be part of office good practice
at all times.
Sensitive Personal Data
The Data Protection Act requires that ‘Sensitive Personal Data’ should be
handled with particular care, including enhanced access controls being in place
to avoid unlawful disclosure. Sensitive Personal Data can include information
about an individual’s medical condition or sexual orientation or other matters
that might affect their personal security. Where there is a particular issue
regarding a certain applicant, an appropriate comment should be recorded on
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the Visit/Input/Assessment Form and also placed on the Notepad facility on-
line.
10.3.4 DATA SECURITY
Data Controllers are responsible for deciding how personal data will be held,
recorded or obtained and for ensuring that staff comply with all eight Data
Protection Principles.
10.3.5 SUBJECT ACCESS
10.3.6 RIGHTS OF DATA SUBJECTS
10.3.7 PROCEDURES TO BE FOLLOWED BY OFFICERS IN RECEIPT OF
SUBJECT ACCESS REQUESTS
10.3.8 APPEALS
10.3.9 IDENTIFYING SUBJECT ACCESS REQUESTS
Most requests for information in a District Office will be dealt with as normal
routine business. Past experience with the previous Data Protection Act has
shown that only a small number of such requests will constitute Subject Access
Requests. Typical examples of Subject Access Requests would be:
•
Where the Data Protection Act is specifically mentioned;
•
Where the Data Subject asks for all information relating to them.
Subject Access Requests should be forwarded to Jim Johnston, Records
Officer, at Headquarters. Details of the referral procedures are contained in the
Data Protection Training Pack.
10.3.10 RELEASING INFORMATION TO TENANTS
When releasing personal information to tenants, the staff member involved
should obtain details of the information requested and confirm the identity of
the enquirer. If any doubt exists, the Officer should either ask for details of
personal information which would be known only to the tenant (e.g. Date of
Birth etc) or in the case of a telephone query, ring tem back at a known contact
number.
10.3.11 RELEASING INFORMATION TO ELECTED REPRESENTATIVES OR
OTHER THIRD PARTIES
Elected Representatives are currently registered as Points of Disclosure for
Data Protection Purposes. In most cases it is only a matter of ensuring that the
link to page 46
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enquirer is actually the elected representative. It is reasonable, however, in the
case of newly elected representatives, to also establish that they have the
consent of the person on whose behalf they are requesting the information.
When dealing with requests from
other Third Parties,
it is important, in all
cases, to ensure that the third party is who they claim to be and that they are
acting on behalf of and at the request of the Data Subject.
10.3.12 INFORMATION PROVIDED BY OTHER PARTIES
Police Reports – Police Reports may be exempt from the subject access
provisions under Section 29 of the Act. However it is suggested as a general
rule that no disclosure of such reports are made under public access without
first obtaining written advice from the Legal Department.
Medical Reports – The disclosure of medical reports would only be exempt
from subject access provisions if it could be shown that the release of such
records would cause harm to the physical or mental health or condition of the
data subject or any other person. However in regards to any medical records
held by the Executive, before any disclosure is made the Executive must first
consult the health professional who produced the record or the health
professional who currently oversees the care of the data subject to obtain their
opinion in regards to same.
The majority of such requests will normally be handled by either the Data
Protection Officer or the Records Officer, and advice should be sought if any
doubt exists.
10.4
PROCEDURES FOR DEALING WITH APPLICANTS / TENANTS SEEKING
A TRANSFER WHO HAVE FAILED TO SIGN THE DECLARATION
10.4.1
INTRODUCTION
In most cases it is relatively straightforward that we do not process an
application if the Applicant (including transfer applicant) refuses to sign the
declaration. A flowchart for the procedures outlined is attached at Appendix
10.4.8. The steps are as follows:
The Application must be registered with basic details listed in Appendix 10.4.1
1.
The Applicant must be visited and a full assessment carried out – this is for two
main reasons:
1 When dealing with Applicants from outside NI who have not signed the declaration, you should then
move on to Step 10.4.3
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a.
to draw attention to the fact that the application has not been signed
(most failures to sign may simply be an omission or oversight). Therefore,
it is very important that the visiting officer explains that the declaration
must be signed in order to comply with the Application Requirements
necessary to be eligible under the Housing Selection Scheme. They
should advise the Applicant that their application form cannot be
processed unless they complete the application by signing the declaration.
A note should be made on the Visit Report that this has been discussed
with the Applicant and to confirm that the Applicant still refuses to sign the
Declaration.
b.
there may be issues around homelessness which we would have a
statutory duty to investigate. The NIHE must discharge its homelessness
obligations regardless of whether the Applicant has signed the declaration
section of the Application form. If an Applicant / Transfer Applicant has
refused to sign the declaration, however, claims to be homeless /
threatened with homelessness, or there would appear from the visit /
assessment to be issues which may suggest that a homelessness
investigation should be carried out, then it will be necessary to open a
homelessness investigation. [See below if issues around homelessness
are involved.]
10.4.2 NON-HOMELESS CASES
If the Applicant refuses to sign the declaration during the visit, then the Housing
Officer must issue Letter 1a (Appendix 10.4.2) upon return to the office and
allow 14 (calendar) days for a reply. The Preferences or Answers to the
Questions should not be keyed at this stage.
See 10.4.8.
10.4.3 POTENTIAL HOMELESS CASES
Alternatively, if there are any issues regarding homelessness, then the Housing
Officer should issue Letter 1b (
Appendix 10.4.3) and commence homelessness
investigations. There are special considerations regarding making enquiries in such
circumstances, and these are detailed below.
For Housing Association transfer cases, if there is any issue of potential
homelessness, the case should be referred to the Housing Executive for
investigation.
10.4.4 MAKING ENQUIRIES
Article 14 of the Housing Order (NI) 1988, may assist the Housing Executive in
carrying out its homelessness duties on the basis that information can be
obtained under Article 14 in the absence of the consent of the Applicant.
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Article 14 puts an obligation on certain bodies to co-operate with the Executive.
Specifically, where the Executive requests Health and Social Services or the
Probation Board to provide any information or advice in a homeless case, this
Article places an obligation on them to assist the Executive.
Generally, when information relating to homelessness investigations is being
sought from all those other than Health and Social Services and the Probation
Board, for example from the Police etc., then that body should be informed at
the outset of the fact that the Executive does not have written consent from the
Applicant to make enquiries or obtain information. Staff should caution any
third party that they do not have the Applicant’s consent to make enquiries.
On the other hand, where the Applicant instructs a body, for example the
Police, etc. to disclose specific information in relation to their housing /
homeless circumstances, then the Executive would be have to accept this
information.
Normal rules in relation to temporary accommodation placements apply,
regardless of signing the declaration.
10.4.5 OUTCOME - POSITIVE DECISION
An Applicant who meets the statutory homeless criteria can be awarded 70
points as an FDA, in recognition of the full housing duty and can therefore be
placed on the Waiting List (Only the Preferences and the 70 FDA points should
be keyed). It will be necessary in such circumstances to issue a manual
decision letter notifying the Applicants of the outcome of the homelessness
investigation and the award of points (attached at
Appendix 10.4.5). The letter
is worded to deal with both Homeless / threatened with homelessness and
should be deleted as applicable. The system generated points notification
letter should not be issued for such cases.
These Applicants are not entitled to any other housing need points from the
Selection Scheme, with the exception of Interim Accommodation Points
(awarded if the applicant remains in temporary accommodation after 6 months,
having been placed under the homelessness legislation) and Time in Housing
Need Points (commencing after 2 years), if applicable. Both awards are
system generated. If these points are subsequently awarded by the system for
FDAs who have not signed the declaration, then the system generated points
amendment letters should not be issued. A manual points amendment letter
(attached at Appendix 10.4.6) should be issued instead.
Apart from the system generated points mentioned above, no points other than
FDA Points can be awarded to applicants who do not sign the declaration.
Where the reason for the Homelessness is intimidation / civil disturbance,
Intimidation Points cannot be awarded (Ensure that the answer to this question
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is set to ‘N’). Therefore because of system validation, the Homelessness
Reason Code 16: ‘Other Action’ should be used in such circumstances.
The Selection Scheme rules that if an Applicant has been on the Waiting List
as an FDA for 6 months or more, then the system will apply the GHA policy by
automatically setting the GHA indicator to ‘Y’ and generating a GHA imposed
letter. Offices are notified through the Critical Date Report. This letter should
not be issued to such applicants who have not signed the declaration. An
alternative manual letter, included at Appendix 10.4.7, should be issued
instead. All estates / projects within ‘real’ and ‘associated’ CLAs within the
GHA may need to be reviewed at this stage.
Note: The files for applicants who have been found to be FDA and have
not signed the declaration should be clearly marked to avoid any
inadvertent award of points and to ensure that the correct letters are
issued.
10.4.6 OUTCOME - NEGATIVE DECISION
If there is a negative outcome to the homelessness investigations then the
appropriate Homeless Decision letter should be selected from e203 and issued
and the steps regarding Letter 2 should be followed. (See 10.4.8).
Note: If a FDA Applicant agrees to sign the declaration at a later stage, then all
other relevant points must be awarded.
10.4.7 14 DAY LETTER
If, after the 14 days have elapsed, the Applicant has failed to sign the
declaration, then Letter 2 (Appendix 10.4.4) should be issued. The date on
which the first letter was issued should be inserted in the blank space provided.
7 (calendar) days should be allowed for a reply. In some cases it may take
longer than 14 days to carry out the homelessness investigation (up to 30 days
are permitted as the performance objective) and therefore, it will not be
possible to issue Letter 2 until the investigations are complete and a decision
on homelessness reached.
10.4.8 OTHER ACTION
If the Applicant has not signed the declaration within 7 days of the issue of
Letter 2, then the Application (or transfer) should be deleted using Deletion
Code 13 – Application Withdrawn.
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Appendix 10.4.1
Mandatory Information Required for Registration of Applicants
1.
Initial Registration Stage (PRAWL Event 201 Create Application/Transfer)
The minimum information that needs to be recorded onto the computer system
from the Application/Transfer and Visit Report form is:
•
Address details
•
Date of application
•
Applicant's Title e.g. Mr/Mrs/etc
•
Forename
•
Surname
•
Date of birth
•
Sex
•
Position in family e.g. head of household
•
Ethnic origin e.g. white, Irish Traveller etc
•
Religion
•
Household composition
•
Country of origin i.e. the Country from where the applicant is applying
•
1st time application (Y or N)
•
Tenure
Appendix 10.4.2
Northern Ireland Housing Executive
Housing The Housing Centre
2 Adelaide Street
Executive Belfast BT2 8PB
Telephone: 028 9024 0588 : Fax 028 9031 8008
Textphone: 0845 6504381
www.nihe.gov.uk
Mr A Anybody
23, Any Street,
Anywhere,
BT2 8PB
Your Ref:
Our Ref:
5 November, 2015
Dear
SAMPLE LETTER 1a
I refer to your housing / transfer application.
As you have failed to sign the Declaration on the application form, the Housing
Executive is unable to adequately assess your application.
I regret to inform you that unless you are willing to sign the necessary declaration
within the next 14 days, the Executive is likely to conclude that you have failed to
comply with the necessary requirements of the Housing Selection Scheme Rules
and therefore you would not be eligible to be considered under the Housing
Selection Scheme.
Please contact me so that arrangements can be made for you to sign your
application.
Yours sincerely
District Manager
Appendix 10.4.3
Housing Northern Ireland Housing Executive
The Housing Centre
Executive 2 Adelaide Street
Belfast BT2 8PB
Telephone: 028 9024 0588 : Fax 028 9031 8008
Textphone: 0845 6504381
www.nihe.gov.uk
Mr A Anybody
23, Any Street,
Anywhere,
BT2 8PB
Your Ref:
Our Ref:
5 November, 2015
Dear
SAMPLE LETTER 1b (POTENTIAL FDA)
As you have failed to sign the Declaration on the application form, the Housing
Executive is unable to adequately assess your application.
I regret to inform you that unless you are willing to sign the necessary declaration
within the next 14 days, the Executive is likely to conclude that you have failed
to comply with the necessary requirement of the Housing Selection Scheme
Rules in that you have failed to complete the necessary Application Form and are
therefore not eligible to be considered under the Housing Selection Scheme.
Please contact me so that arrangements can be made for you to sign your
application.
In the meantime, we will continue to consider your application under the
homelessness legislation, with a view to ascertain if you are owed the “full duty”
under that legislation, however we would strongly advise you to sign the
declaration to ensure that you are awarded all housing need points which you
may be entitled to.
Yours sincerely
District Manager
Appendix 10.4.4
Housing
Northern Ireland Housing Executive
The Housing Centre
Executive 2 Adelaide Street
Belfast BT2 8PB
Telephone: 028 9024 0588 : Fax 028 9031 8008
Textphone: 0845 6504381
www.nihe.gov.uk
Mr A Anybody
23, Any Street,
Anywhere,
BT2 8PB
Your Ref:
Our Ref:
5 November, 2015
Dear
SAMPLE LETTER 2
I refer to my previous correspondence dated in which I
advised that the Housing Executive is unable to adequately assess your
application as you have failed to sign the Declaration on the application form.
Failure to sign the application effectively means that the Executive will not be
able to take further action under the Housing Selection Scheme arrangements.
Please contact me within the next 7 days, otherwise, it will be assumed that you
are no longer interested in housing and your application will be cancelled.
Yours sincerely
District Manager
Appendix 10.4.5
Housing Northern Ireland Housing Executive
The Housing Centre
Executive 2 Adelaide Street
Belfast BT2 8PB
Telephone: 028 9024 0588 : Fax 028 9031 8008
Textphone: 0845 6504381
www.nihe.gov.uk
Mr A Anybody
23, Any Street,
Anywhere,
SAMPLE HOMELESS DECISION LETTER
BT2 8PB
Your Ref:
Our Ref:
5 November, 2015
Dear
NOTICE OF DECISION – HOUSING (NI) ORDER 1988
I am writing to you concerning your request for accommodation for you as a
homeless person / person threatened with homelessness.
* (delete as
applicable)
Under the terms of the above Order, the Executive has accepted you as a person
who is unintentionally homeless and in priority need. As you have refused to sign
the declaration on the Application form, you will be registered on the waiting list
with 70 Insecurity of Tenure – Full Duty Applicant points only.
If you remain on the Waiting List as a Full Duty Applicant after six months, you
will be considered for accommodation within the general catchment area of your
preferred choice, in line with the General Housing Area policy.
A leaflet explaining how the Executive assesses homelessness, and the advice
and assistance available from the Executive is enclosed. If you wish to avail of
these services or discuss this notice further, you should contact
__________________________________ at this office.
Once again, I would strongly urge you to complete the declaration on the
Application Form, so that you can obtain all the housing need points you may be
entitled to.
I trust this is of assistance to you.
Yours sincerely
DISTRICT MANAGER
Appendix 10.4.6
Housing Northern Ireland Housing Executive
The Housing Centre
Executive 2 Adelaide Street
Belfast BT2 8PB
Telephone: 028 9024 0588 : Fax 028 9031 8008
Textphone: 0845 6504381
www.nihe.gov.uk
Mr A Anybody
23, Any Street,
Anywhere,
BT2 8PB
Your Ref:
Our Ref:
5 November, 2015
Dear
SAMPLE POINTS AMENDMENT LETTER
Your application for housing / a transfer was registered on
___________________________.
Your points total has been amended to ______ from ______ for your area of
choice_______________________________________.
Your points total has been amended to ______ from ______ for your area of
choice_______________________________________.
It is important that you let us know at once of any change in your address or in
your circumstances.
Once again, I would strongly urge you to complete the declaration on the
Application Form, so that you can obtain all the housing need points you may be
entitled to.
Should you require any information or advice about your application or housing
prospects, please contact this office.
Yours sincerely,
District Manager
Appendix 10.4.7
Housing Northern Ireland Housing Executive
The Housing Centre
Executive 2 Adelaide Street
Belfast BT2 8PB
Telephone: 028 9024 0588 : Fax 028 9031 8008
Textphone: 0845 6504381
www.nihe.gov.uk
Mr A Anybody
23, Any Street,
Anywhere,
BT2 8PB
Your Ref:
Our Ref:
5 November, 2015
Dear
SAMPLE GHA IMPOSED LETTER
Further to you application for housing / a transfer, I am writing to confirm that you
person to whom the Housing Executive has a duty under the Housing (N.I.) Order
1988 and awarded ‘Homelessness / Threatened with Homelessness – Full Duty
Applicant’ points. As you have not been allocated accommodation on a
permanent basis after six months, in accordance with the rules of the Housing
Selection Scheme, your area(s) of choice are now being widened out and you will
now be considered for accommodation in the General Housing Area surrounding
your area(s) of choice:
Area x
Area y
This means that you may be offered accommodation by either the Housing
Executive or housing associations in both the area(s) of choice listed and the
surrounding areas. You will be placed on the Common waiting List to be
considered by all such providers unless you have indicated otherwise. Details of
the estates / projects included in the General Housing Area are included.
It is important that you let us know at once of any changes in your address.
Should you require any information or advice about your application, or housing
prospects, please contact this office.
Yours sincerely,
District Manager
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Procedures for Applicants / Transfers who do not sign the Declaration
Appendix 10.4.8
Application / Transfer received –
Declaration not
signed
Is there any indication that the
applicant / tenant is homeless /
Application should be registered as normal –
threatened with homelessness?
see Appendix 10.4.1: mandatory information
(If Housing Association case –
required
refer to NIHE)
Carry out visit / assessment.
Yes
Explain Application Requirements and
No
ensure that Applicant is aware of
consequences of not signing the Declaration
If Applicant has refused to sign
Declaration during Visit
-Issue Letter
1b (see Appendix10.4.3)
Visit/Assessment should not be keyed
If Applicant has refused to sign Declaration
during Visit - Issue Letter 1a (see Appendix
10.4.2)Visit/Assessment should not be keyed
Carry out homelessness
investigations and make
enquiries where possible
See notes re: Making
Enquiries
Allow 14 days for
applicant to sign
Following investigations,
declaration
Issue the correct homeless
decision letter
Negative
Outcome
N
Positive Outcome
If failure to sign
declaration within 14 days
of Letter 1- issue Letter 2
Select
(see Appendix 10.4.4)
appropriate
Issue manual letter (see
letter from
Appendix 10.4.5) and
key on Preferences and
e203
FDA points only
If failure to sign declaration within
7 days of Letter 2 - delete
If Applicant agrees to sign Declaration
application/transfer Using Deletion
later – all other relevant points must be
Code 13.
awarded
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Housing Executive
INTERNAL ME MORANDUM
To:
From:
CC:
Date:
Re:
Housing Needs Assessment: Homeless Applicant
Re: NAME___________________________________________________
CRISIS ADDRESS____________________________________________
REFERENCE NUMBER_______________________________________
The above person is being / has been assessed under the Homeless Legislation
and is currently living at the above crisis address, in your District.
I would appreciate if you would carry out a Housing Needs assessment at their
crisis address as soon as possible and return the completed documentation to
this office, for keying purposes.
Should you have any queries regarding this matter do not hesitate to
contact________________________ at this office.
________________________
District Manager
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10.5. PROCEDURES FOR DEALING WITH THE HOUSING NEEDS
ASSESSMENTS FOR FULL DUTY APPLICANT (FDA) CASES
The Housing Selection Scheme identifies the requirement for a Housing Needs
Assessment to be carried out for Full Duty Applicants (FDAs) at the initial ‘crisis’
address, and also each time the ‘crisis’ address changes. As a ‘no detriment’
policy applies for Applicants awarded FDA points (see Insecurity of Tenure,
Chapter 3.4 ), it is important that the Housing Needs reassessment takes place
as soon as possible following the notification of a change of address, to ensure
that all the relevant points are awarded.
10.5.1 PROCEDURES TO BE ADOPTED
The general rule will be that the District of Presentation i.e. the Executive
District Office that is carrying out the homelessness investigations and will be
making the final decision, will retain ‘ownership’ of the case and will be
responsible for any subsequent action / keying.
This section identifies the procedures to be followed where a Full Duty
Applicant is placed in Bed Bureau accommodation, or arranges their own
’crisis’ accommodation, that is either inside or outside the District of
Presentation.
The procedures to be adopted would best be explained by using the following
examples:
Example 1 Applicant presents as Homeless in District A and is placed in Bed Bureau
accommodation or obtains his / her own crisis accommodation, within District A.
1.
District A registers the case under their RAD.
2.
District A assesses the Homelessness and input Intimidation and / or FDA
points to the PRAWL system when the decision has been made (if a
positive decision is reached).
3.
District A carries out a Housing Needs assessment at the ‘crisis’ address
and input the relevant points award to the PRAWL system.
Example 2
Applicant presents as Homeless in District A and is placed in Bed Bureau
accommodation or obtains his / her own crisis accommodation, in District B.
1. District A registers the case under their RAD.
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2. District A assesses the Homelessness and input Intimidation and / or FDA
points to the
HMS system when the decision has been made (if a positive
decision is reached).
3. District A forwards a memo (Appendix 10.5.1) and a copy of the
Application Form to District B, requesting that they carry out a Housing
Needs assessment at the ‘crisis’ address on their behalf.
4. District B completes a Visit Report and returns it (and any other relevant
documentation) to District A, for the input of the relevant Housing Need
points to the
HMS system.
Example 3
Applicant presents as Homeless in District A, is placed in Bed Bureau
accommodation, or obtains his / her own crisis accommodation in District B, but
subsequently moves to new crisis accommodation in District C.
For this example it is assumed that the steps identified in Example 2 above
have already been completed i.e. they are already on the Waiting List with FDA
and Housing Needs points following the initial assessments.
1. When District A is made aware of the change of ‘crisis’ address, it
forwards a memo (Appendix 10.5.1) and a copy of the Application Form to
District C, requesting that they carry out a
new Housing Needs
assessment at the
new ‘crisis’ address on their behalf.
2. District C completes a Visit Report and returns it (and any other relevant
documentation) to District A.
3.
District A checks the
new points award against the
current points award
and:
a)
Where there is an increase in the number of points awarded in a
category during the new assessment, the increased level of points
should be input to the PRAWL system.
b)
Where, during the new assessment, points are awarded in a
category that had previously had
no points awarded, the new points
should be input to the PRAWL system.
No action is required where there are no additional points or increase in
points in any of the categories, from the current assessment.
Any subsequent change of address should follow the same procedures
identified above, as a new assessment is required each time the Applicant’s
address changes.
10.5.2 HOUSING ADVICE CENTRE (HAC) INVOLVEMENT
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Belfast District Offices may have to adopt different procedures in cases where
there is Housing Advice Centre (HAC) involvement and the procedures to be
adopted would best be explained by using the following examples:
Example 1
Applicant presents as Homeless at the HAC and is placed in Bed Bureau
accommodation or obtains his / her own crisis accommodation in District A.
1. HAC registers the case under the District A RAD (District A will retain
‘Ownership’ of the case from thereon).
2. HAC assesses Homelessness and inputs Intimidation and / or FDA points
only to the
HMS system, when the decision has been made (if positive
decision reached).
3. HAC forwards Application / Transfer form to District A with a memo
(Appendix 10.5.2) requesting that they carry out a Housing Needs
Assessment at the ‘crisis’ address (Other relevant information e.g. Social /
Medical reports may also be included, where appropriate).
4.
District A carries out the Housing Needs assessment and inputs the
relevant Housing Needs points to the
HMS system.
Example 2
Applicant presents as Homeless in the HAC, is placed in Bed Bureau
accommodation or obtains his / her own crisis accommodation in District A, but
subsequently moves to new crisis accommodation in District B.
(For this example it is assumed that the steps identified in Example 1 above
have already been completed i.e. the Applicant is already on the Waiting List
with FDA and Housing Needs points following the initial assessments).
1. Applicant or HAC will notify District A of the change in the ‘crisis’ address.
2. District A forwards a memo (Appendix 10.5.1) and a copy of the
Application Form to District B requesting that they carry out a
new Housing Needs assessment at the
new ‘crisis’ address, on their behalf.
3. District B complete a Visit Report and return it (and any other relevant
documentation) to District A.
4.
District A check the
new points award against the
current points award
and:
a)
Where there is an increase in the number of points awarded in a
category during the new assessment, the increased level of points
should be input to the
HMS system.
b)
Where, during the new assessment, points are awarded in a
category that had previously had
no points awarded, the new points
should be input to the
HMS system.
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No action is required where there are no additional points or increase in
points in any of the categories, from the current assessment.
Any subsequent change of address should follow the same procedures
identified above, as a new assessment is required each time the
Applicant’s address changes.
Example 3
Applicant presents as Homeless at District A, is referred to the HAC for
Temporary Accommodation, and is placed in Bed Bureau accommodation
in District B.
1. District A registers the case under their RAD.
2. District A assesses Homelessness and keys Intimidation and / or FDA
points when the decision has been made (if positive decision reached).
3.
HAC advises District A of the Temporary Accommodation address.
4. District A forwards a memo (Appendix 10.5.1) and a copy of the
Application Form to District B, requesting that they carry out a Housing
Needs assessment at the ‘crisis’ address on their behalf.
5. District B completes a Visit Report and returns it (and any other relevant
documentation) to District A, for the keying of the relevant Housing Needs
points to the PRAWL system.
Any subsequent changes of placements should follow the relevant
procedures identified above.
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Housing Executive
INTERNAL MEMORANDUM
To:
From:
CC:
Date:
Re:
Housing Needs Assessment: Homeless Applicant
Re: NAME___________________________________________________
CRISIS ADDRESS____________________________________________
REFERENCE NUMBER_______________________________________
The above person is being / has been assessed under the Homeless
Legislation and is currently living at the above crisis address, in your District.
I would appreciate if you would carry out a Housing Needs assessment at their
crisis address as soon as possible and return the completed documentation to
this office, for keying purposes.
Should you have any queries regarding this matter do not hesitate to
contact________________________ at this office.
________________________
District Manager
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Housing Executive
INTERNAL MEMORANDUM
To:
From:
HAC Manager
CC:
Date:
Re:
Housing Needs Assessment: Homeless Applicant
Re : NAME____________________________________________________
CRISIS ADDRESS______________________________________________
REFERENCE NUMBER_________________________________________
The above person is being / has been assessed under the Homeless Legislation
and is currently living at the above crisis address, in your District.
I would appreciate if you would carry out a Housing Needs assessment at their
crisis address as soon as possible, and key the relevant points award to the
HMS system.
Should you have any queries regarding this matter do not hesitate to
contact_____________________________ at this office.
____________________________
Housing Advice Centre Manager
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Housing Executive
INTERNAL MEMORANDUM
To:
From:
HAC Manager
CC:
Date:
Re:
Housing Needs Assessment : Homeless Applicant
Re : NAME____________________________________________________
CRISIS ADDRESS______________________________________________
REFERENCE NUMBER_________________________________________
The above person is being / has been assessed under the Homeless Legislation
and is currently living at the above crisis address, in your District.
I would appreciate if you would carry out a Housing Needs assessment at their
crisis address as soon as possible, and key the relevant points award to the
HMS system.
Should you have any queries regarding this matter do not hesitate to
contact_____________________________ at this office.
____________________________
Housing Advice Centre Manager
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CHAPTER 10 ADMINISTRATION
Reviewed December 2006
10.6
HOUSING ASSOCIATION TRANSFERS: ADMINISTRATION OF HOMELESS
CASES
The Executive has statutory responsibility for all Homelessness assessments
(under the Housing (NI) Order 1988), and therefore any Housing Association
tenant who is potentially Homeless, must be referred to the appropriate
Executive District Office for investigation / consideration. The District Office that
covers accommodation in the area of the tenant’s home will be responsible for
the assessment.
The Landlord of the tenant will be responsible for carrying out the
corresponding Housing Needs assessment for such cases to ensure that all the
appropriate points are awarded. The appropriate Executive District Office will
carry out any Housing Needs assessments for tenants of the following
Abbeyfield, Clonard, Grove, Newington, Open Door and St. Matthews Housing
Associations.
10.6.1 IDENTIFICATION OF POTENTIALLY HOMELESS CASES
It is envisaged that Housing Association tenants who are potentially Homeless
and will be identified in the following 3 ways:-
1.
The tenant presents as Homeless / Threatened with Homelessness at the
Housing Association Office.
2.
During the course of a Housing Needs assessment by the Designated
Housing Association Officer, where the tenant has submitted a Transfer
form.
3.
The tenant presents as Homeless / Threatened with Homelessness at an
Executive District Office Housing Advice Centre.
If the tenant has terminated / is terminating the tenancy of the Housing
Association property, he / she should be registered and assessed by the
relevant Executive District Office as an Applicant.
10.6.2 PROCEDURES TO BE ADOPTED
Where a Housing Association tenant is potentially homeless and
has not
terminated / is not terminating his / her tenancy, the procedures to be
adopted would be best explained using the following examples: -
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Example 1
Tenant presents as Homeless / Threatened with Homelessness to the
Housing Association office.
Housing Association Action
The following action should be taken by a Housing Association where one of
their tenants presents in their office as being Homeless / Threatened with
Homelessness:
a)
Ensure that the tenant completes a Transfer application form and register
the form as their “H” case;
b)
Give a photocopy of the Transfer application form to the tenant (clearly
identifying the Reference Number),
and arrange with the appropriate
Executive District Office for an interview to take place as soon as
possible. The tenant should give the form to the Executive officer during
the ensuing interview. This interview will normally take place in the
Executive District Office but may take place elsewhere where this is not
possible e.g. in the tenant’s home where the tenant has mobility problems
etc.;
c)
Whilst a decision is pending, carry out a Housing Needs assessment
but
only input any Preferences, Housing Needs points awarded, etc. to
the PRAWL system if the tenant meets either the “Transfer Access
Criteria” OR the “Transfer Access Waiver Criteria” (see Transfers,
Chapter 7). Where points etc. are keyed, a “Points Notification” letter
should be issued via the Print Manager;
d)
The Association will receive a copy of the manual “Homelessness
Decision” letter (to be retained on file) from the Executive District Office
which will identify whether or not the tenant has been accepted as
Unintentionally Homeless;
e)
If there is a “positive” Homelessness decision i.e. the tenant is found to be
Unintentionally Homeless / Threatened with Homelessness, issue the
“Points Amendment” letter using the Print Manager facility (see PRAWL
User Guide);
f)
If there is a “negative” homeless decision i.e. the tenant is found to be Not
Homeless / Threatened with Homelessness, Not in Priority Need, or
Intentionally Homeless / Threatened with Homelessness, ensure that the
tenant still doesn’t satisfy either the “Transfer Access Criteria” OR the
“Transfer Access Waiver Criteria” and if not, delete the case from the
PRAWL system issuing the relevant “Ineligible Application” letter via the
Print Manager.
Housing Executive Action
The following action should be taken by the appropriate Executive District
Office where a Housing Association office refers one of their tenants for
consideration under the Housing (NI) Order, 1988 (Homeless Legislation): -
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a)
Interview the tenant and initiate a Homeless case (under the Housing
Association Reference Number) on the HMS system;
b)
Carry out Homelessness investigations and make an appropriate decision;
c)
Issue a manual “Homelessness Decision” letter to the tenant and send a
copy to the Housing Association Office;
d)
If there is a “positive” Homelessness Decision: -
•
Input the Full Duty Applicant (FDA) and, where applicable,
Intimidation points to the HMS system
•
Update the on-line Homeless details;
e)
If there is a “negative” Homelessness Decision, update the on-line
Homeless details;
Example 2
During the course of a Housing Needs assessment by the Designated
Housing Association Officer, where the tenant has submitted a Transfer
form.
Housing Association Action
The action to be taken by a Housing Association where one of their tenant’s is
identified as being potentially Homeless / Threatened with Homelessness
during the course of a Housing Needs assessment is similar to that described
in
Example 1 above. The only differences will be :-
•
The Transfer application form will already have been completed,
registered on-line and an Acknowledgement letter issued to the tenant;
•
As the Housing Needs assessment is taking place in the Tenant’s home,
arrangements will need to be made to provide him / her with a copy of the
Transfer application form before he / she goes to the Executive District
Office.
Housing Executive Action
The action to be taken by the Executive District Office will be the same as that
described in
Example 1 above.
Example 3
The tenant presents as Homeless / Threatened with Homelessness at an
Executive District Office / Housing Advice Centre.
Housing Executive Action
The following action should be taken by the Executive where a Housing
Association tenant presents at a District Office, for consideration under the
Housing (NI) Order, 1988 (Homeless Legislation): -
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a)
Interview the tenant and advise his / her Landlord (by telephone) of the
situation;
b)
Check with the Housing Association and the HMS system to determine
whether or not the tenant is already on the Waiting List (as a Housing
Association “H” case);
c)
If he / she
is on the List, initiate a Homeless case (under the existing
Housing Association Reference Number) on the HMS system;
d)
If he / she
is not on the List, ensure that a Transfer application form is
completed, photocopy it and forward the
original to the Housing
Association as soon as possible. It will not be possible to initiate a
Homeless case on the HMS system until the Housing Association register
the case on-line.;
e)
Carry out Homelessness investigations and make an appropriate decision;
f)
Issue a manual “Homelessness Decision” letter to the tenant and send a
copy to the Housing Association Office;
g)
If there is a “positive” Homelessness Decision: -
•
Input the Full Duty Applicant (FDA) and, where applicable,
Intimidation points to the PRAWL system;
•
Update the on-line Homeless details;
h)
If there is a “negative” Homelessness Decision, update the on-line
Homeless details;
Housing Association Action
The following action should be taken by a Housing Association where one of
their tenants presents at an Executive Office, for consideration under the
Housing (NI) Order, 1988 (Homeless Legislation): -
a)
Where applicable, on receipt of a Transfer application form from the
Executive District Office, carry out a Housing Needs assessment (a
reassessment may be required for tenants already on the List);
b)
Input any Preferences, points awarded / amended etc. to the HMS
system;
Follow steps d) – f) in Example 1 above.
In all cases the timely sharing of information between the Executive District
Office and the Housing Association is very important. Relevant documents
should be forwarded between offices as quickly as possible. Offices should
also liaise by telephone as much as possible.
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10.7 GROUNDS FOR POSSESSION OF A PROPERTY OCCUPIED BY A SECURE
TENANT
Schedule 3 of Article 28 of the HOUSING (N.I.) ORDER 1983
With effect from 28th September 1983, a Landlord may seek to re-possess a
dwelling under one or more of the following grounds:
Ground 1
Any rent due from the tenant has not been paid or any obligation of the tenancy
has been broken or not performed.
Ground 2
The tenant or a person residing in or visiting the dwelling-house-
(a) has been guilty of conduct causing or likely to cause a nuisance or
annoyance to a person residing, visiting or otherwise engaging in a lawful
activity in the locality , or
(b) has been convicted of:
i.
using the dwelling-house or allowing it to be used for immoral or illegal
purposes, or
ii.
an indictable offence committed in, or in the locality of, the dwelling-
house.
Ground 2A
The dwelling-house was occupied (whether alone or with others) by a married
couple, a couple who are civil partners of each other or a couple living together
as husband and wife or a couple living together as if they were civil partners and:
(a) one or both of the partners is a tenant of the dwelling-house,
(b) one partner has left because of violence or threats of violence by the other
towards:
i.
that partner, or
ii.
a member of the family of that partner who was residing with that
partner immediately before the partner left, and
(c) the court is satisfied that the partner who has left is unlikely to return while
the other continues to occupy the dwelling-house.
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Ground 3
The condition of the dwelling or any of the common parts has deteriorated owing
to acts of waste by, or the neglect or default of, the tenant or any person residing
in the dwelling house and in the case of any act of waste by, or the neglect or
default of, a person lodging with the tenant or a sub-tenant of his, the tenant has
not taken such steps as he ought to reasonably have taken for the removal of the
ledger or sub-tenant.
In this paragraph, the “common parts” mean any part of the building comprising
the dwelling house, and any other premises that the tenant is entitled under the
terms of the tenancy to use in common with the occupiers of other dwelling
houses let by the Landlord.
Ground 4
The condition of any relevant furniture has deteriorated owing to ill -treatment by
the tenant or any person residing in the dwelling house and, in the case of any ill
–treatment by a person lodging with the tenant or a sub-tenant of his, the tenant
has not taken such steps as he ought reasonably to have taken for the removal
of the lodger or sub-tenant.
In this paragraph, “relevant furniture” means any furniture provided by the
Landlord for use under the tenancy or for use in any of the common parts (within
the meaning given in Ground 3).
Ground 5
The tenant is the person, or one of the persons, to whom the tenancy was
granted and the Landlord was induced to grant the tenancy by a false statement
made knowingly or recklessly by:
(a) the tenant, or
(b) a person acting at the tenant’s instigation.
Ground 5A
The tenancy was assigned to the tenant, or to a predecessor in title of his who is
a member of his family and is residing in the dwelling house, by an assignment
made by virtue of Article 32A and a premium was paid either in connection with
that assignment or the assignment which the tenant or predecessor himself
made by virtue of that Article.
In this paragraph “premium” means any fine or other like sum and any other
pecuniary consideration in addition to rent.
Ground 6
The dwelling-house was made available for occupation by the tenant (or a
predecessor in title of his) while works were carried out on the dwelling-house
which he previously occupied as his only or principal home and—
(a) the tenant or predecessor was a secure tenant of that other dwelling-house at
the time when he ceased to occupy it as his home;
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(b) the tenant or predecessor accepted the tenancy of the dwelling-house of
which possession is sought on the understanding that he would give up
occupation when, on completion of the works, the other dwelling-house was
again available for occupation by him under a secure tenancy; and
(c) the works have been completed and the other dwelling-house is so available
Ground 7
The Landlord intends, within a reasonable time of obtaining possession of the
dwelling house:
a)
to demolish or reconstruct the building or part of the building comprising
that dwelling house; or
b)
to carry out work on that building or on land let together with, and thus
treated as part of, the dwelling house; and cannot reasonably do so without
obtaining possession of the dwelling house.
Ground 8
The dwelling house has features which are substantially different from those of
ordinary houses and which are designed to make it suitable for occupation by a
physically disabled person who requires accommodation of a kind provided by
the dwelling house and:
a)
there is no longer such a person residing in the dwelling house; and
b)
the Landlord requires it for occupation (whether alone or with other
members of his family ) by such a person.
Ground 9 (This ground only applies to Housing Associations)
The dwelling house is let by a registered housing association which it lets
dwelling houses only for occupation (alone or with others) by persons whose
circumstances (other than merely financial circumstances) make it especially
difficult for them to satisfy their need for housing; and:
a)
either there is no longer such a person residing in the dwelling-house or the
tenant has received from the Executive an offer of accommodation in
premises which are to be let as a separate dwelling under a secure
tenancy; and
b)
the association requires the dwelling-house for occupation (whether alone
or with other members of his family) by such a person.
Ground 10
The dwelling house is one of a group of dwelling houses which it is the practice
of the Landlord to let for occupation by persons with special needs and:
a)
a social service or special facility is provided in close proximity to the group
of dwelling houses in order to assist persons with those special needs;
b)
there is no longer a person with those special needs residing in the dwelling
house; and
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c)
the Landlord requires the dwelling house for occupation (whether alone or
with other members of his family) by a person ho has those special needs.
Ground 11
The accommodation afforded by the dwelling house is more extensive than is
reasonably required by the tenant and:
a)
the tenancy vested in this tenant, by virtue of Article 26 of the Housing (NI)
Order 1983, on the death of the previous tenant;
b)
the tenant was qualified to succeed by virtue of paragraph (2) (b) of that
Article; and
(c)
notice of the proceedings for possession was served under Article 28 (or,
where no such notice was served, the proceedings for possession were
begun) more than six months, but less than twelve months, after the date of
the previous tenant's death.
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THIS NOTICE IS THE FIRST STEP TOWARDS REQUIRING YOU TO GIVE UP
POSSESSION OF YOUR DWELLING. YOU SHOULD READ IT AND THE
ATTACHED NOTES VERY CAREFULLY.
HOUSING (NORTHERN IRELAND) ORDER 1983 (Article 28)
NOTICE OF SEEKING POSSESSION
1.
To:
[name(s) of secure tenant(s)]
2.
The Housing Executive intends to apply to the Court for an Order requiring
you to
give up possession of:
[address of property]
3.
Possession will be sought on ground(s)..….of Part 1 of Schedule 3 to the
Housing (NI) Order 1983 which read (s):-
[give text of ground(s) in full]
4.
The reasons for taking this action are:
[give full reasons here]
5.
Court Proceedings for possession of the dwelling house can be begun
immediately. The date by which the tenant is to give up possession of the
dwelling house
is…………………..
(give the date by which the
tenant is to give up possession of
the dwelling-house).
Signed: ______________________________
District Manager
Date: ________________
On behalf of Northern Ireland Housing Executive
[insert address]
Telephone: 028
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________________________________________________________________
NOTES for NSP
Grounds for Possession
1.
If you have a secure tenancy under the Housing (Northern Ireland) Order 1983,
you can only be required to leave your dwelling following an order of the Court on
one or more of the grounds set out in the Order. Paragraph 3 of this Notice tells
you on what grounds an order is sought against you and paragraph 4 gives the
landlord’s reasons for believing those grounds apply. If you do not agree that
they apply, you will be able to argue your case at a hearing in Court.
Does the Court have to grant the landlord possession?
2.
Before the Court grants an order on any grounds 1-6 or 8-11, it must be satisfied
that it is reasonable to require you to leave. This means that if one of these
grounds is set out in paragraph 3 of this Notice, you will be able to argue to the
court that it is not reasonable you should have to leave, even if you accept the
grounds do apply.
Suitable alternative accommodation
3.
Before the Court grants an order on any of the grounds 7-11, it must be satisfied
that there will be suitable alternative accommodation for you when you have to
leave. This means that the Court will have to decide that, in their opinion, there
will be other accommodation which is reasonably suitable for the needs of you
and your family, taking into particular account various factors such as the
nearness of your place of work and the sort of housing that other people with
similar needs are offered. Your new home will have to be let to you on another
secure tenancy or a protected tenancy under the Rent (Northern Ireland) Order
1978, of a kind that will give you similar security.
There is no requirement for
suitable alternative accommodation where grounds 1-6 apply.
4.
If your landlord is a registered housing association, and the Housing Executive
gives a certificate that it will provide you with suitable accommodation, the Court
has to accept the certificate.
5.
Whatever grounds for possession are set out in paragraph 3 of this notice, the
Court may allow any of the other grounds to be added at a later stage. If this is
done, you will be told about it so you can argue about the new ground if you want
to.
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Limits
6.
Court proceedings may be begun at once or at any time during the following
twelve months. Once the twelve months are up this Notice will lapse and a new
notice must be served before possession can be sought.
7.
Possession of your dwelling-house cannot be obtained until after the date given
in paragraph 5 of this Notice. This date cannot be earlier than the date when your
tenancy or license could have been brought to an end. This means that if you
have a weekly or fortnightly tenancy, there should be at least 4 weeks between
the date inserted in paragraph 5 of this Notice and the date possession is
ordered.
Leaving without a Court Order
8.
If you are willing to give up possession without a Court Order, you should notify
the person who signed the Notice as soon as possible and specify a date on
which your tenancy is to terminate. This date must be not less than four weeks
from the date of notification.
Further Advice
9.
If you need advice about this Notice, and what you should do about it, take it as
soon as possible to a Citizen’s Advice Bureau, a Housing Aid Centre, Law
Centre or to a Solicitor. You may be able to receive a Legal Aid but this will
depend on your personal circumstances.
***
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10.8 TRANSITIONAL PROTECTION
10.8.1 INTRODUCTION
At its meeting in March 2000, the Executive's Board approved a paper which
outlined the need for certain Waiting List applicants to be protected when the
New Selection Scheme would be implemented in November 2000. It was agreed
that a number of transitional arrangements would be put in place to lessen the
impact of the New Scheme in relation to some of those pending applicants at 1st
November 2000 and who were likely to be 'losers' as a result of the re-
assessment.
Housing Associations have since been advised to adhere to the same
Transitional Protection arrangements by the Department of Social Development
(Circular HAC02/01).
10.8.2 WHO IS PROTECTED?
It was agreed that the Applicants who will require such protection are:
A1 / PT1 applicants who have been awarded that status on 31st March
2000 or earlier (or whose status was pending at that date and
subsequently awarded).
A1(I) / PT1(I) applicants who have been awarded that status on 31st
October 2000 or earlier (or whose status was pending at that date and
subsequently awarded).
All of the cases which fall in the above categories have been included on the
R65 Waiting List Reports issued at 30th October 2000 to all Executive District
and Housing Association offices, (see 10.8.5 ).
The Executive's Board has authorised, (pursuant to Rule 84 of the Housing
Selection Scheme), the making of allocations from 1st November on the basis as
outlined below:
"In relation to any Area of Choice, the allocation of a dwelling available for letting
to homelessness applicants or to applicants who are not already tenants of a
social landlord will take place on the basis of the following procedures:
3.
First, the dwelling must be offered to any eligible relevant A1(I) applicant
who has listed that area as one of his/her areas of choice; if there is more
than one eligible A1(I) applicant, the offer should be made first to the A1(I)
applicant who was first awarded that status.
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4. (1) - Secondly, the dwelling must be offered to any eligible " New
Intimidation" applicant who has listed that area as one of his /her areas of
choice. If there is more than one eligible "New Intimidation" Applicant, the
offer should be made (among such applicants) to whichever Applicant has
the highest level of points under the New Scheme.
(2) - For the purposes of this sub-paragraph, an Applicant is a New
Intimidation Applicant if both of the following conditions apply to his/her
application:
(a) the Applicant was not awarded A1(I) status on or before 31st
October 2000;
(b) the Applicant has been awarded Intimidation points under Rule 23 of
the New Scheme.
5.
Thirdly, the dwelling must be offered to any eligible relevant A1 Applicant
who has listed that area as one of his/her areas of choice; if there is more
than one eligible A1 Applicant, the offer should be made first to the A1
Applicant who was first awarded that status.
6.
All other applicants, in accordance with their entitlement under the New
Scheme."
As a result of the Executive's Board's decision it was crucial that appropriate
decision / letters to all applicants/transfer cases were issued. This ensured that
those who were due transitional protection under the new arrangements were
duly advised and those who were outside the protection arrangements were
similarly advised of their interim assessment status. It was important that any
applications made prior to 3rd April 2000 and which were subsequently
awarded A1 / PT1 were afforded the transitional protection as described above.
Designated Officers were advised to retain a copy of the letter on the Applicant
or Transfer file.
10.8.3 PROCEDURES FOR MAKING ALLOCATIONS UNDER NEW SCHEME
The new on-line Waiting List was made available from 6th November 2000 for
enquiries and allocations. However, because it had been agreed that the
position and rank of certain applicants would be protected, this meant that for
allocations in Estates / Projects which have a waiting list containing any
protected cases, it would not be a straightforward allocation from the on-line
waiting list. In such cases, it is necessary for Designated Officers to use the
"Special WL - Protected Cases Only" printout alongside the new on-line Waiting
List.
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10.8.4 HOW WILL THEY BE PROTECTED?
These applicants will retain their position and rank under the 'old' Scheme for
their areas of choice subject to the following exceptions:
Other protected cases who may be entitled to a higher position on that
Estate Waiting List as a result of a change in their areas of choice and on
the basis that they have an earlier date of priority;
Intimidation cases under the 'New Scheme'.
10.8.5 SPECIAL WAITING LISTS
On 30th October 2000, in addition to the final R65 Estate Waiting List under the
'old' Scheme, Landlords were circulated with the following 2 special reports:
1.
"Waiting List Protected Cases Only"
This is a list of all the transitional protected cases for all estates / projects
in a District / belonging to a Housing Association. This is the residual list
referred to in training and is an important report which Designated Officers
will have to use for allocation purposes until all protected cases in every
estate/project in a District / belonging to a Housing Association have been
re-housed and which, for certain Estates, may be some time.
2.
"
Protected Cases by District of Origin"
This is a list of protected cases registered at the District / Housing
Association. Most cases in this Report will be already identified in the
"Waiting List Protected Cases Only Report", but others will be on for other
Districts / Housing Associations. It is recommended that the relevant files
in your office be marked as transitional protected cases for easy
reference. The 'District / Housing Association of Origin' will be responsible
for the administration of these cases. This will be very important,
especially for the identification of cases where the Applicant decides to
change preferences (see Examples in Appendix 10.8.1).
Error in R65 Waiting List Printouts
NOTE: A minor printing error has been found which applies to both the Normal
R65 and the "Special WL-Protected Cases Only" Reports.
This error relates to the Estate / Project Waiting List Header. Where the last
page of an estate / project waiting list ends on the last line, that Estate / Project
Waiting List Header is carried over onto the next page.
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Designated Officers should check through the Normal R65 first and ensure that
where there is a 'Pos 1 Rank 1', the Estate / Project Waiting List Header on the
previous page has not been carried forward. Where such an error is identified,
Designated Officers are advised to check the Estate Waiting List (E34a
Enquiry) and compare the Estate / Project names (they should be in the same
alphabetical sequence) and amend the Header accordingly.
10.8.6 PROCEDURES TO BE ADOPTED WHEN MAKING AN ALLOCATION
WHEN MAKING AN ALLOCATION, DESIGNATED OFFICERS MUST
ENSURE THAT IN ADDITION TO WORKING FROM THE SPECIAL REPORT,
THEY MUST ALSO CHECK THE WAITING LIST ON-LINE.
This is important for several reasons:
2.
a
New Intimidation case (under the 'New Scheme') may have come on in
the interim for that estate / project.
2.
to ensure that the Applicant is still on the Waiting List for that estate /
project - they may have changed their preferences since the special report
was run or they may have been deferred or deleted from the List;
3.
to make sure that there are no outstanding offers to the Applicant you are
considering;
NOTE: The R65 report lists applicants ranked in order by minimum bedroom
requirements. The actual position / rank of protected cases on-line under the
new Scheme is not relevant.
The following steps indicate the order in which applicants should be considered
where appropriate, taking into account the general principles to be followed
when considering a transfer applicant, for any vacancy arising:
1.
First, the dwelling must be offered to highest ranked eligible A1(I) / PT1(I)
protected Applicant from the R65 report (identified by 'i' indicator).
2.
Secondly, the dwelling must be offered to the highest pointed eligible
"New Intimidation" Applicant (i.e. awarded Intimidation Points under Rule
23 of the New Scheme, after 31st October 2000) from the on-line Waiting
List.
3.
Thirdly, the dwelling must be offered to the highest ranked eligible A1 /
PT1 protected Applicant from the R65 report.
4.
All other pointed applicants from the on-line Waiting List in accordance
with their entitlement under the New Scheme.
HOUSING SELECTION SCHEME GUIDANCE MANUAL
CHAPTER 10 ADMINISTRATION
Reviewed December 2006
10.8.6 OFFERS
All offers made before 28th October 2000 will not count under the new scheme
and each Applicant, including applicants who hold transitional protection, will be
entitled to receive a maximum of three new reasonable offers.
NOTE: It is very important that all offers, including offers made to
transitional protected applicants on the special hard copy reports, are
keyed to the on-line Waiting Lists.
10.8.7 MAINTAINING THE SPECIAL WL-PROTECTED CASES ONLY REPORT
It is unlikely that Protected Applicants will change their areas of choice,
however the Executive's Legal Department has advised that should they
wish to do so, they should continue to be afforded Transitional Protection
for their new Areas of Choice. In such situations, the following
administrative procedures must be followed.
It is important that the special R65 reports are kept up to date. In addition to
keying amendments to the
on-line Waiting List, it will be necessary for Districts
/ Housing Associations to manually update all the necessary details of
applicants on their
R65 reports for each Estate / Project in the following
circumstances:
Applicants who have been awarded A1(I) / PT1(I) status where the Priority
Date has been backdated prior to 31st October 2000;
Protected applicants who change their areas of preference (including
GHA, CLA and / or Estates/Projects) resulting in them coming off
particular Estate(s) / Project(s) Waiting Lists and also going on to other
Estate(s) / Project(s) Waiting Lists;
Protected Applicants who, as a result of the refusal of three reasonable
offers, lose their Insecurity of Tenure points, including FDA status, also in
effect lose their Protected status;
Protected Applicants who have been re-housed or are deleted of the
Waiting List for any reason;
Protected Applicants who wish to be considered for a New Build Estate /
Project within their GHA, provided the new Estate/Project is appropriate
for that applicant;
Applicants who are currently Protected for one of their Real CLA
preferences, however, are on as a pointed 'B' Group Applicant for their
second CLA preference (as a result of a rejected waiver). 2 Scenarios
apply for these applicants:
1.
GHA Indicator Applied under New Scheme
Of these cases, if they have been an FDA case for more than 6 months,
HOUSING SELECTION SCHEME GUIDANCE MANUAL
CHAPTER 10 ADMINISTRATION
Reviewed December 2006
with the GHA indicator set as 'NO', then the System will automatically set
the Indicator to 'Y'. These cases will appear on the relevant Critical Date
Report (in most cases next week) as "GHA APPLIED". The District / HA
of Origin must advise all Districts / Housing Associations of choice to treat
such applicants as Transitional Protected Applicants and add the
Applicant's details on to the correct Estate / Projects on the Special R65
report in the correct position, taking into account the Priority Date in
relation to the minimum bedroom requirements.
3.
Applicant Requests to be considered under New GHA Policy
Where a non-FDA Protected Applicant (e.g. previously A1 Selection
Scheme - Other Homeless under the New Scheme) requests to have the
GHA applied to an area where a waiver has been rejected. In such cases,
the District of Origin must amend the GHA Indicator. It is also important to
notify all relevant Districts / Housing Associations of choice to treat such
applicants as Transitional Protected Applicants and add the Applicant's
details on to the relevant Estate / Projects on the Special R65 report in the
correct position, taking into account the Priority Date in relation to the
minimum bedroom requirements.
Designated Officers should ensure that these Special R65 Lists are kept
safely and amended with caution. It is important that any amendments
are tidy and do not result in a deletion being unreadable. This is relevant
where Audit will be carrying out monitoring. There may be other
situations, for example where a Protected Applicant wins an appeal
regarding the reasonableness of an offer which had resulted in the loss of
protection, and they have to be re-instated on the Waiting List Protected
Cases List.
HOUSING SELECTION SCHEME GUIDANCE MANUAL
CHAPTER 10 ADMINISTRATION
Reviewed December 2006
APPENDIX 10.8.1
EXAMPLES
The procedures to be followed when making allocations which involve
transitional protected cases would best be explained by using examples and the
following will hopefully clarify the issues:
Example 1
Protected Applicant is registered with District A, changes preferences
within District A. District A must make the following manual adjustments-
1.
"Waiting List Protected Cases Only" Special Reports:
Score off the applicants' details in the Estate(s) / Project(s) Waiting
List(s) they no longer want considered for;
Add-in the applicants' details in the Estate Waiting List they now want
considered for in the correct position on the basis of their priority
date.
Note: The same procedures must be adopted for each Estate/Project
within the relevant CLA and or GHA
2.
"Protected Cases by District of Origin"
No amendments required.
3.
District A must both telephone and issue the pro forma (Appendix 10.8.2)
manually to all housing associations quoting the applicant details and
advising of the applicants' change in preferences which would affect their
estates.
4.
Changes preferences on-line
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CHAPTER 10 ADMINISTRATION
Reviewed December 2006
Example 2
Protected Applicant registered in District B with areas of choice in District
B changes all preferences to District C
District B must make the following manual adjustments:
1.
"Waiting List Protected Cases Only" Special Report
score off the Applicant's details in the Estate(s) / Project(s) Waiting
List(s) they no longer want considered for.
advise District C (using the pro forma attached in Appendix 10.8.2)
and all housing associations of choice to manually add the
Applicant's details on to their list in the Estate(s) / Project(s) Waiting
List(s) they now want considered for in the correct position on the
basis of their priority date in relation to their minimum bedroom
requirements.
2.
"Protected Cases by District of Origin"
No amendments required.
3.
Changes preferences on-line.
HOUSING SELECTION SCHEME GUIDANCE MANUAL
CHAPTER 10 ADMINISTRATION
Reviewed December 2006
APPENDIX 10.8.2
NOTIFICATION OF CHANGE OF AREAS OF CHOICE FOR
CASES SUBJECT TO TRANSITIONAL PROTECTION
From _________________________
To
___________________________
NIHE District / HA
NIHE District / HA
Address ______________________
Address
_______________________
_____________________________
______________________________
_____________________________
______________________________
Phone _______________________
Phone
________________________
Fax ______________________
Fax
__________________________
I wish to advise that the following applicant, who is registered at this office, has
changed his / her areas of choice. This change will affect the Estate / Project
Waiting List for your District / housing association and the appropriate deletions /
additions should be marked on your special Waiting List Protected Cases Report.
Please add / delete this applicant's details from the relevant Estates / Projects in
your special Report.
Ref Number __________________
Name_____________________________________
Address
________________________________________________________________
HH __________Gp ________ Priority Date ____/______/______ Min
Beds_________
Application Date ______/_________/_______Tot Pts
__________G_______________
Old Area of Choice:
________________________________________________________________
________________________________________________________________
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CHAPTER 10 ADMINISTRATION
Reviewed December 2006
___________________________________________________________________
___________________________________________________________________
New Area of choice:
________________________________________________________________
________________________________________________________________
________________
________________________________________________________________
________
Signed
by____________________________________Date______________________
Position in Organisation
____________________________________________________
HOUSING SELECTION SCHEME
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HOUSING SELECTION SCHEME GUIDANCE MANUAL
Chapter 10.9 Persons from Abroad
Issue Date: Revised 17 May 2009
PERSONS FROM ABROAD GUIDANCE
10.9
APPLICATIONS FROM PERSONS FROM ABROAD 88
Introduction 88
Eligibility of Applicant in Own Right or as a Family Member
89
Applicant’s Household
89
Joint Tenants
89
Existing Tenants
89
Statutory Succession and Statutory Assignment 89
Language Support 90
Documentation – Immigration Status
90
Passport Endorsements
91
Documentation Not Available
92
Who is subject to Immigration Control? 92
Determining Immigration Status 95
Persons Subject to Immigration Control - Domestic Violence
95
British and Irish Citizens 96
Illegal Entrants
96
Overstayers 97
Asylum Seekers
97
Refugees
97
Humanitarian Protection; Discretionary Leave and Leave Outside the Rules (LOTS)
98
Persons from Abroad who are not subject to Immigration Control
98
European Economic Area Nationals - Rights to Reside In the UK Derived from EC Law
100
The Accession States
100
Initial Three Months of Residence 100
Rights of Residence for “Qualified Persons”
100
Jobseekers 101
Workers
101
Retention of worker status 101
Maternity Leave
101
Self-employed persons
102
Self-sufficient person
102
Family Members of a Qualified Person
103
Who is a 'family member'? 104
Family Members of Students
105
Family Member – EEA Family Permit / Residence Documents 105
Extended Family Members 105
Family member who has retained the right of residence 106
UK Nationals
106
Relationship with Other Rights to Reside 107
Permanent Right of Residence
107
A-8 State Nationals 109
HSS Guidance Manual Chapter 10. 9 Persons From Abroad Page 87 of 209
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HOUSING SELECTION SCHEME GUIDANCE MANUAL
Chapter 10.9 Persons from Abroad
Issue Date: Revised 17 May 2009
A8 nationals who are not required to register
110
Exempt from Registration 111
A8 Worker: post 12 months
111
Applicants who are Self Employed111
A2 Nationals
112
A2 Nationals who do not Require Authorisation 112
Homelessness – Pending Enquiries
113
Homelessness - Ineligible Applicants
113
Homelessness - Conferring Priority Need 113
Ineligible Decisions: Letters and Deletion Arrangements 115
Deleting the Application 116
Monitoring 116
Appeals and Complaints
116
Advice and Assistance
117
List of Appendices 118
Glossary of Terms 120
Appendix 2 120
Appendix 3 Flowchart
124
Appendix 4 Summary: Classes of Applicant Eligible for Housing Assistance
125
Appendix 5 Persons Subject to Immigration Control Prescribed as Eligible for an Allocation of
Accommodation
126
Appendix 6 Persons Subject to Immigration Control Prescribed as Eligible for Homelessness
Assistance 127
Appendix 7 Classes of Person Who are Not Eligible for Accommodation and Homelessness
Assistance 128
Appendix 8 European Groupings (EU and EEA) 129
Appendix 9 How to Identify the Main Classes of Person Subject to Immigration Control Eligible
for Homelessness Assistance / Housing Allocation
130
Appendix 10 Asylum Seekers
133
Appendix 11 How to Contact the UK Border Agency
134
Appendix 12 Public Funds 143
Appendix 13 Habitual Residence Test
145
Appendix 14 Workers Registration Scheme
150
Appendix 15 A8 Worker Registration Eligibility Flowchart
155
Appendix 16 Example of a Worker Registration Scheme Card
156
Appendix 17 Example of a Worker Registration Certificate
157
Appendix 18 Eligibility - Bulgarian and Romanian Nationals
158
Appendix 19 Keying and Deletion of Ineligible Decisions
166
10.2 APPLICATIONS FROM PERSONS FROM ABROAD
Introduction
10.9.1 The Housing Executive should be satisfied, so far as practicable, that an applicant
is eligible before providing housing assistance. For the purposes of this guidance
housing assistance includes assistance under the Homelessness Legislation and
an allocation of accommodation under the Housing Selection Scheme.
HSS Guidance Manual Chapter 10. 9 Persons From Abroad Page 88 of 209
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Chapter 10.9 Persons from Abroad
Issue Date: Revised 17 May 2009
10.9.2 Eligibility will depend on a number of factors including the applicant’s, immigration
status, nationality, habitual residence and economic status. This section of the
guidance manual provides guidance to assist in determining which categories of
person from abroad are entitled to claim housing assistance.
10.9.3 The provisions on eligibility can be complex and if staff are in any doubt about an
applicant’s eligibility they should contact Housing Policy, HQ for additional
guidance. A glossary of terms used and acronyms is at Appendix 2.
Eligibility of Applicant in Own Right or as a Family Member
10.9.4 An Applicant may be eligible in his / her own right or also as a family member of a
qualified person (a qualified person is a person who would be eligible if they had
applied) (see section 10.9.58).
Applicant’s Household
10.9.5 All members of the household must be taken into account in determining the size
and suitability of accommodation requirements, regardless of eligibility (whether a
temporary accommodation placement under homelessness or an allocation of
permanent accommodation). Therefore, the presence in a household of an
ineligible person upon whom the homelessness application does not depend is
generally immaterial. The only exception is where a member of the applicant’s
household is conferring priority need for the applicant’s homelessness assessment
e.g. a dependant relative. In such circumstances it will also be necessary to
assess whether the person providing the priority need is eligible and there are
restrictions on the duties owed to such households (see Section 10.9.33).
Joint Tenants
10.9.6 The Housing Executive is not permitted under legislation to grant a joint tenancy to
two or more people if any one of them is a person from abroad who is ineligible,
therefore each applicant for a joint tenancy must be eligible. This also means that
where the Housing Executive is asked to grant a joint tenancy with an existing
secure tenant, it will be necessary to check the eligibility of the proposed joint
tenant.
Existing Tenants
10.9.7 The eligibility provisions do not apply to persons who are already secure tenants of
the Housing Executive or a registered housing association. This means that
existing tenants of the Housing Executive or a Registered Housing Association
who are persons from abroad can be transferred within the social housing stock
under the Common Selection Scheme.
Statutory Succession and Statutory Assignment
10.9.8 A statutory (legal) succession and a statutory assignment by a person from abroad
to a secure or introductory tenancy do not constitute an allocation and therefore
eligibility rules do not apply. Where a tenancy has been transferred by vesting or
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Chapter 10.9 Persons from Abroad
Issue Date: Revised 17 May 2009
deed from one tenant to another, rather than by the Housing Executive selecting
the tenant from its list of applicants, there is no allocation and so the eligibility
provisions are not engaged.
10.9.9 However, the Housing Executive does not have the power to allow a policy
succession or a policy assignment to a person from abroad who is not eligible for
housing as this would amount to an allocation. Rules regarding eligibility must be
applied when deciding on entitlement to a policy succession and a policy
assignment.
Language Support
10.9.10 Language support is available for those applicants who do not speak English as a
first language, or have difficulty reading English. This should help to ensure that
they are clear about the procedures for applying for housing assistance.
‘thebigword’ telephone based interpretation service is available at all offices across
the organisation and can also be accessed by mobile phone, or if permission is
given, via a domestic line during a visit. As ‘the bigword’ uses a freephone
number there are no charges for landline calls. However, as this may not be the
case with all mobile phone providers, users should check with their own office
administration. Additional interpretation and translation services can be booked
from other providers, such as Northern Ireland Council on Ethnic Minorities
(NICEM), South Tyrone Empowerment Project (STEP) and the Chinese Welfare
Association (CWA). All translation and interpretation services, including
‘thebigword’, are currently managed by the Equality Unit, HQ. Any new or
additional applications for Access Numbers, requests for training, guidelines and
assistance in booking language provision can be made through that unit.
10.9.11 Ineligible persons from abroad fall into two main groups:
a. Persons who are subject to immigration control and who are ineligible within
the meaning of the Immigration and Asylum Act 1999
2, unless re-qualified by
regulations
3 made by the Secretary of State.
b. Others – not subject to immigration control but who are within the class
persons from abroad who are ineligible by virtue of regulations prescribed by
the Secretary of State
4. These are primarily European Economic Area
nationals and British nationals who have been living abroad.
Documentation – Immigration Status
2 For the purposes of this guidance, any person who is not a national of a country within the European Economic Area
(“the EEA”- see Appendix 8), which includes the UK, will be a person subject to immigration control.
3 The Persons Subject to Immigration Control (Housing Authority Accommodation and Homelessness) Order 2000 as
amended by The Person Subject to Immigration Control (Housing Authority Accommodation and Homelessness)
(Amendment) Order 2008
4 The Allocation of Housing and Homelessness (Eligibility) Regulations (Northern Ireland) 2006 (S.R. 2006 No. 397)
as amended.
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Chapter 10.9 Persons from Abroad
Issue Date: Revised 17 May 2009
10.9.12 In order to establish eligibility it is first necessary to ascertain whether the
Applicant is a person subject to immigration control and if so, which of the
immigration categories he /she falls into. Alternatively, if he / she is an EEA
national it will be necessary to establish the applicant’s nationality and economic
circumstances in order to determine whether he/she is to be treated as eligible.
10.9.13 All applicants to the Housing Executive are required to provide proof of
identification. Where an applicant is a person from abroad, the Executive should
verify the applicant’s identity by checking their current passport, Immigration
Status Document or Residence Permit. EEA nationals may travel using their EU
National Identity Card rather than a Passport.
Passport Endorsements
10.9.14 Endorsements are not always placed in passports in chronological order. Staff
should check through the passport to make sure that they have seen the latest UK
visas, stamps or endorsements.
10.9.15 Many immigrants are allowed to enter the UK on the basis that they will have no
recourse to public funds. In such a case, their entry is subject to a limitation or
condition and they will not be eligible to apply for benefits including housing benefit,
homelessness assistance and an allocation of housing accommodation. This category
includes most people coming legally into the UK from outside of the EEA, for example
visitors, students, work permit holders and those coming to the UK to marry or join a
spouse / civil partner may be granted leave on condition that they do no have recourse
to public funds. Where the stamp / visa in the passport includes the wording:
“No
recourse to public funds” this normally means that the applicant is not eligible for an
allocation of housing or homelessness assistance as both fall within the definition of
public funds (See Appendix 12 for definition of public funds).
10.9.16 It may also be necessary to check a range of documentation depending on the
applicant’s nationality and economic circumstances, including Home Office / UK
Border Agency documentation; Workers Registration Card and Certificate(s);
Worker Authorisation Documentation; Work Permits; employment details; and
proof of relationship of family members.
10.9.17 As a general rule, original documents only should be provided by the applicant for
verification purposes unless exceptional circumstances apply, in which case
advice should be sought from Housing Policy, HQ. All relevant parts of these
documents should be photocopied if possible and returned to the applicant. If the
applicant withdraws his application at any stage, the photocopies should also be
returned to him, if reasonably practicable. Information about applicant’s
immigration status should be treated in confidence, and applicants should be
reassured that such information will be used solely for the purpose of determining
eligibility. If applicants are uncertain about their immigration status, they should be
advised to seek specialist independent advice.
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Chapter 10.9 Persons from Abroad
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Documentation Not Available
10.9.18 Where an Applicant fails to provide the necessary documentation staff should follow
the procedures detailed in Chapter 10.14 of the HSS Guidance Manual. The absence
of evidence to demonstrate that a person meets an eligibility criterion should not be
treated as evidence that they do not meet that criterion. It should be noted that an
applicant’s eligibility may change (e.g. where an asylum seeker is subsequently
granted refugee status, humanitarian protection or discretionary leave to remain in the
UK or where an EEA national subsequently becomes an authorised or registered
worker) and therefore an applicant may be eligible when applying at a later date.
Who is subject to Immigration Control?
10.9.19 A “person subject to immigration control” means a person who, under the Immigration
Act 1971, requires leave to enter or remain in the UK (whether or not such leave has
been given).
Only the following categories of person do
not require leave to enter or remain in the
UK:
(i)
British citizens; British citizens have the right to live in the UK without
restriction and to return after periods of absence, however long. A British citizen
is eligible for benefits and housing, subject to the habitual residence test (see
Appendix 13)
(ii)
Irish citizens; People who are nationals of the Republic of Ireland are not
subject to immigration control. This is not just because they are nationals of a
member state of the EU, but also because of an agreement between the British
and Irish governments that is reflected in the Immigration Act 1971. An Irish
citizen does not need leave to enter or remain, even if he or she is not
economically active. The UK, the Channel Islands, the Isle of Man and the
Republic of Ireland comprise the Common Travel Area (CTA). Irish nationals
are fully eligible for housing and benefits, subject to the habitual residence test.
Bear in mind that this is satisfied by residence in the Republic of Ireland as well
as the rest of the CTA.
(iii)
Certain Commonwealth citizens with a right of abode in the UK; A few
Citizens of Commonwealth countries who established a close connection with
the UK, mainly through a parent or by marriage, before 1st January 1983, have
the right of abode in the UK and are not subject to immigration control. They do
not need leave to enter or remain in the UK. Note that a citizen of an
independent Commonwealth country who has right of abode in the UK will have
a certificate of entitlement to the right of abode in his or her passport and is fully
entitled to housing and benefits, subject to the habitual residence test.
(iv)
European Economic Area (EEA) nationals and their family members, who
are exercising their right to enter and reside in the UK5. A person who has
5 The Immigration (European Economic Area) Regulations 2006
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Chapter 10.9 Persons from Abroad
Issue Date: Revised 17 May 2009
nationality of any member state of the EEA is free to enter the UK without the
need for leave, provided he or she has a passport or national identity card. All
EU nationals have an unconditional right to live in any other member state for
an initial 3 months. The right of residence does not satisfy the eligibility
regulations therefore any EU national who exercises their right to live in the UK
for this initial 3 month period is not entitled to housing assistance unless they
also have an additional right to reside as a qualified person. The question of
whether or not an EEA national or family member has a particular right to
reside in the UK or another EEA member state will depend on the
circumstances, e.g. whether he/she has a permanent right to reside or is
defined as a “worker”, a self-employed person, a student, or a self-sufficient
person. A8 and A2 nationals may only access public funds (benefits and
housing) if they meet certain criteria.
(v)
Persons who are exempt from immigration control under the Immigration
Acts, including diplomats and their family members and some military
personnel.
10.9.20 Any person who does not fall within one of the categories in paragraph 10.9.19 is a
person subject to immigration control. Generally, persons subject to immigration
control are not eligible for homelessness assistance; however the UK Order
6 specifies
certain classes of persons who are eligible.
10.9.21
Persons Subject to Immigration Control - Eligible Classes for Homelessness
Assistance The following persons subject to immigration control are specified as eligible for
homelessness assistance. This is summarised at Appendix 6.
(i)
CLASS A - Refugee status. A person who has been granted refugee
status in the UK; (see Section 10.9.32)
(ii)
CLASSES B and BA – A person who has been granted
Humanitarian Protection or Discretionary Leave to Enter or
Remain in the UK ( formerly Exceptional Leave to Enter or Remain
in the UK (ELR)).This leave may be granted to a person who has failed
in his request for asylum, but nonetheless has international protection
needs and has been awarded Humanitarian Protection and leave to
remain in the UK, or someone who has been granted Discretionary
Leave to remain in the UK where there are compelling, compassionate
circumstances, for example a medical condition. However, it may be
the case that when the Leave was granted it was on condition that the
applicant should not be a charge on public funds. If that is the case, the
applicant is not eligible for an allocation (see section 10.9.35).
(iii)
CLASS C - Indefinite leave to enter or remain in the UK (ILR). This
will be someone who has permission to enter or remain in the UK for an
6 The Persons Subject to Immigration Control (Housing Authority Accommodation and Homelessness) Order 2000 (the
‘UK Order’) as amended by The Person Subject to Immigration control (Housing Authority Accommodation and
Homelessness) (Amendment) Order 2008
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Chapter 10.9 Persons from Abroad
Issue Date: Revised 17 May 2009
indefinite period with no condition or limitation and is regarded as
having settled status. In order to be eligible the applicant will still have
to be able to establish habitual residence. It is also the case that if ILR
status was obtained as a result of sponsorship, the applicant is not
eligible unless five years have elapsed since his/her arrival in the UK or
the date of sponsorship, whichever is later. However, where a sponsor
dies (or there is more than one sponsor, where all of them die) within
the first five years, the applicant will be eligible provided he / she can
establish habitual residence. Typically these people are relatives of
someone already living in the UK- without that family connection they
would have no reason for coming to the UK and they are only allowed
to enter if their relative supports them. A sponsored immigrant has
conditional leave to enter the UK indefinitely; however their
accommodation costs and living expenses must be provided by a third
party (or parties). The Home Office requires a formal undertaking from
the sponsor that the person already living in the UK will support their
relative.
(iv)
CLASS D – A person who left the territory of Montserrat after 1
November 1995 due to volcanic eruption there.
(v)
CLASS Q - An asylum seeker who claimed asylum on arrival (other
than on re-entry) in the UK from a country outside the Common
Travel Area on or before 2 April 2000 and whose claim has not
been decided (other than on appeal) or abandoned.
(vi)
CLASS R – An asylum seeker who made a claim for asylum on or
before 4 February 1996 and was entitled to housing benefit on that
date.
(vii)
CLASS T – an asylum seeker who was in Northern Ireland when
the Home Secretary made a declaration that the country of which
he is a national was subject to a fundamental change in
circumstances, who claimed asylum within 3 months of that
declaration and whose claim has not been decided (other than on
appeal) or abandoned.
10.9.22
Persons Subject to Immigration Control - Eligible Classes for an Allocation of
Accommodation The following persons subject to immigration control are specified as eligible to be
allocated housing accommodation. This is summarised at Appendix 5.
(i)
CLASS A - Refugee status. A person who has been granted refugee
status in the UK; (see Section 10.9.32)
(ii)
CLASSES B and BA – A person who has been granted
Humanitarian Protection or Discretionary Leave to Enter or
Remain in the UK ( formerly Exceptional Leave to Enter or Remain
in the UK (ELR)).This leave may be granted to a person who has failed
in his request for asylum, but nonetheless has international protection
needs and has been awarded Humanitarian Protection and leave to
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remain in the UK, or someone who has been granted Discretionary
Leave to remain in the UK where there are compelling, compassionate
circumstances, for example a medical condition. However, it may be
the case that when the Leave was granted it was on condition that the
applicant should not be a charge on public funds. If that is the case, the
applicant is not eligible for an allocation (see section 10.9.35).
(iii)
CLASS C – a person who has leave to enter or remain in the UK
which is not subject to any time limit or condition (Indefinite leave
to enter or remain in the UK (ILR)) and who is habitually resident in
the CTA. This will be someone who has permission to enter or remain
in the UK for an indefinite period with no condition or limitation and is
regarded as having settled status. In order to be eligible the applicant
will have to be able to establish habitual residence. It is also the case
that if ILR status was obtained as a result of sponsorship, the applicant
is not eligible unless five years have elapsed since his/her arrival in the
UK or the date of sponsorship, whichever is later. However, where a
sponsor dies (or there is more than one sponsor, where all of them die)
within the first five years, the applicant will be eligible provided he / she
can establish habitual residence. Typically these people are relatives of
someone already living in the UK- without that family connection they
would have no reason for coming to the UK and they are only allowed
to enter if their relative supports them. A sponsored immigrant has
conditional leave to enter the UK indefinitely; however their
accommodation costs and living expenses must be provided by a third
party (or parties). The Home Office requires a formal undertaking from
the sponsor that the person already living in the UK will support their
relative.
(iv)
CLASS D – A person who left the territory of Montserrat after 1
November 1995 due to volcanic eruption there.
(v)
CLASS F – An overseas student, where the accommodation has
been let by the Executive to an education institution;
(vi)
CLASS M – A person who is already a secure tenant of the
Executive or a registered housing association, and
(vii)
CLASS N – A person who is owed a duty under Articles 8, 10(2),
10(3) or 11(2) of the Housing (NI) Order 1988.
Determining Immigration Status
10.9.23 If there is any uncertainty about an applicant’s immigration status, the District Office’s
designated officer should contact the Home Office United Kingdom Border Agency
(UKBA), using the procedures and template set out in Appendix 11. Before doing so,
the applicant should be advised that an inquiry will be made. If at this stage the
applicant prefers to withdraw his or her application, no further action will be required.
Persons Subject to Immigration Control - Domestic Violence
10.9.24 Article 13(2)(c) of the Free Movement Directive 2006 gives a right to remain to a
person subject to immigration control who is the partner (married or civil partner) of an
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EEA national (whether an EEA national exercising their Treaty rights or a British
citizen) and who is the victim of domestic abuse. There is, however, no protection for
cohabitees. This can give rise to difficult situations and there may be circumstances in
which it is necessary to refer cases to social services and other helping agencies such
as Women’s Aid and Simon Community.
British and Irish Citizens
10.9.25 Returning UK nationals or a British passport holder coming to the UK for the first
time will have to satisfy both steps of the Habitual Residence Test (HRT). They
need to provide one of the following to confirm they have a right to reside:
• Current passport
• Birth certificate
• Certificate from the Home Office confirming the grant of citizenship
The second step of the HRT to show are habitually resident should then be
applied as outlined in Appendix 13.
However, under a UK Government resettlement programme, certain British
citizens who leave Zimbabwe to live in the UK will be exempt from the Habitual
Residence Test and will be eligible for an allocation of housing accommodation or
homelessness assistance where he / she:
• Arrived in the United Kingdom on or after 28th February 2009 but before 18th
March 2011;
• Immediately before arriving in the United Kingdom had been resident in
Zimbabwe; and
• Before leaving Zimbabwe had accepted an offer made by HM Government to
assist that person to settle in the United Kingdom,
The applicant must provide proof of the offer from HM Government as evidence of
eligibility.
Illegal Entrants
10.9.26 Illegal entrants include:
(i) persons who entered the country by evading immigration controls,
(ii) persons who have been deported from the UK, but who re-enter the country
while the deportation order is still in force, and
(iii) persons who obtained entry clearance by practising fraud or deceit towards
the entry clearance officer when applying for a visa or other entry clearance
abroad, or by deceiving the immigration officer on arrival; the deceit or fraud
would, however, have to be material.
10.9.27 The question of whether or not someone is an illegal entrant is a matter of fact
which UK Border Agency will be in the best position to determine the issue.
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Where staff are of the view that an applicant may be in the country illegally, it is
recommended that the designated officer consults the Agency using the
procedures set out in Appendix 11.
Overstayers
10.9.28 Establishing whether a person is an overstayer is not always straightforward and
may involve detailed knowledge of the provisions of the Immigration legislation. In
all cases where staff has reason to believe that a person may be an overstayer, it
is recommended that they consult UKBA.
Asylum Seekers
10.9.29 An asylum seeker is a person claiming to have a well founded fear of being
persecuted for reasons of race, religion, nationality, membership of a particular
social group, or political opinion, and who is unable or unwilling to avail him or her
self of the protection of the authorities in his or her own country. A person
becomes an asylum seeker when his or her claim for asylum has been recorded
by the Home Secretary, and he or she remains an asylum seeker until such time
as that application has been finally resolved (including the resolution of any
appeal). The recording, consideration and resolution of such a claim is a matter for
the Home Office.
10.9.30 Asylum seekers who are persons subject to immigration control and whose claim
for asylum was made after 2 April 2000 are not eligible to be assisted under the
homelessness assistance or to be allocated a social housing tenancy. The Home
Office has arrangements in place for the provision of accommodation for asylum
seekers in Northern Ireland and such cases should be referred to the Housing
Executive’s Asylum Development Officer based in Belfast Area office.
10.9.31 However, certain asylum seekers whose claim for asylum was made before 3 April
2000 may be eligible for homelessness assistance. In such circumstances further
advice should be sought from the Asylum Development Officer, Belfast Area.
Alternatively, if there is any uncertainty about an applicant's immigration or asylum
status, the designated officer should contact the UKBA, using the procedures set
out in Appendix 11. Before doing so, the applicant should be advised that an
inquiry will be made: if at this stage the applicant prefers to withdraw his or her
application, no further action will be required.
Refugees
10.9.32 When an application for asylum is granted, an asylum seeker becomes a refugee
and is entitled to enjoy a range of benefits, including entitlement to be considered
for an allocation of accommodation and homelessness assistance.
10.9.33 Once leave to enter or remain has been granted to a person who has been
recognised as a refugee or has been given leave because of humanitarian
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protection, they (and if recognised as dependants, their family) have full housing
and homelessness rights and can qualify for assistance and benefits, under the
eligibility regulations.
10.9.34 Since 30 August 2005, people granted refugee status are given limited leave to
remain in the UK for a period of 5 years. When the 5 year period is due to expire,
a refugee is entitled to apply for indefinite leave. If a person who has limited leave
to enter or remain as a refugee allows their leave to expire, however, without
making a further application in time, they will become an overstayer, and cease to
be eligible for housing. Where an application for further leave to remain is made
by a person before their current leave to enter or remain runs out, the current
leave is automatically extended on the same terms while the Home Office deals
with the application.
Humanitarian Protection; Discretionary Leave and Leave Outside the Rules
(LOTS)
10.9.35 Not all people seeking asylum are granted refugee status, but some are given
leave to enter or remain in the UK on a humanitarian or discretionary basis for
periods of up to 3 years. Towards the end of this period, protected persons / leave
holders may apply for further leave to remain (if the application is made within
relevant time limits, the original protection or leave will continue to apply until a
decision is made).
10.9.36 The Secretary of State has a residual discretion to grant a person leave to enter or
remain outside the immigration rules. This was known as “exceptional leave” and
from 1st April 2003 this was called “Leave Outside The Rules (LOTR)” or
“Discretionary Leave”. Leave to enter or remain granted at the discretion of the
Secretary of State may be given with or without a restriction on public funds,
depending on the circumstances. Where a person has been given such leave
they are eligible for housing as long as there is no public funds limit on current
stay.
10.9.37 Staff should use the critical date facility on HMSKL to monitor the outcome of any
application to extend a period of leave. If the application is refused and the person
is not removed from the country by the Home Office’s UKBA, it is possible that the
person may remain in the country unlawfully. Such persons are not eligible for
assistance under the homelessness legislation or to be granted a tenancy.
Persons from Abroad who are not subject to Immigration Control
10.9.38 The NI Regulations provide that the following persons who are not subject to
immigration control are ineligible for an allocation of housing accommodation
7:
(i) with certain exceptions (see paragraph 10.9.39), a person not habitually
resident in the Common Travel Area;
7 Regulation 3(1) of The Allocation of Housing and Homelessness (Eligibility) Regulations (Northern Ireland)
2006 as amended (“the Eligibility regulations”)
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(ii)
a person whose only right to reside in the UK is derived from their status as a
jobseeker or a member of a jobseeker’s family. See section 10.9.44.
(For
these purposes, “jobseeker” has the same meaning as for the purposes of
regulation 6(1)(a) of the Immigration (European Economic Area) Regulations
2006 (“the EEA Regulations”));
(iii) a person whose only right to reside in the UK is an initial right to reside for a
period not exceeding three months under Regulation 13 of the EEA
Regulations;
(iv) a person whose only right to reside in the Common Travel Area is a right
derived from one of the rights mentioned in (ii) or (iii) above and which is
derived from the Treaty establishing the European Community (“the EC
Treaty”).
10.9.39 Certain persons from abroad (not being persons subject to immigration control) will be
eligible for an allocation of housing accommodation
8, if he/she is:
(i)
an EEA national who is in the UK as a “worker”
(which has the same
meaning as it does for the purpose of Regulation 6(1) of the EEA
Regulations);
(ii)
an EEA national who is in the UK as a self–employed person
(which has the
same meaning as it does for the purposes of Regulation 6(1) of the EEA
Regulations);
(iii) a person who is worker from an accession state requiring registration or
authorisation and who is treated as a “worker” for the purposes of regulation
6(1) of the EEA Regulations 2006, pursuant to the
Accession (Immigration
and Worker Registration) Regulations 2004 or the
Accession (Immigration
and Worker Registration) Regulations 2006;
(iv) a person who is a family member of a person referred to in (i)–(iii) above;
(v) a person with a right to reside permanently in the UK by virtue of regulation
15(c), (d) or (e) of the EEA Regulations;
(vi) a person who left the island of Montserrat after 1 November 1995 due to the
volcanic activity there;
(vii) a person who is in the UK as a result of his deportation, expulsion or other
removal by compulsion of law from another country.
8 Regulation 3(2) of The Eligibility Regulations
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European Economic Area Nationals - Rights to Reside In the UK Derived
from EC Law
10.9.40 EEA nationals and their family members have rights to enter and reside in the UK
derived from EC Regulations, Directives Treaties, and agreements and are not
persons subject to immigration control. The countries concerned are listed at
Appendix 8. The Immigration (European Economic Area) Regulations 2006 (“the EEA
Regulations”) implement into UK domestic law EC legislation conferring rights of
residence on EU nationals. Broadly, the EEA Regulations provide that EU nationals
have the right to reside in the UK for the first three months of their residence, and for
longer if they are a “qualified person” or they have acquired a permanent right of
residence. The entitlement to housing assistance and benefits of an EEA national is in
some limited cases limited by the Allocations and Homelessness Regulations
9 and the
habitual residence test. However, EEA nationals who are workers or self-employed in
the UK, and their family members (regardless of nationality), are specifically exempt
from this test.
The Accession States
10.9.41 A slightly different regime applies to EU nationals who are citizens of the accession
states. For the purposes of this guidance, “the accession or A8 states” are the eight
eastern European counties that acceded to the EU on 1 May 2004: Poland, Lithuania,
Estonia, Latvia, Slovenia, Slovakia, Hungary and the Czech Republic. A8 nationals
are subject to special rules about seeking and taking up employment (see section
10.9.74 and Appendix 14). There are also additional rules about nationals of Bulgaria
and Romania (“the A2 states”) with effect from their accession to the EU on 1st
January 2007 (see Appendix 18).
Initial Three Months of Residence
10.9.42 EEA nationals have an unconditional right to reside
10 in the UK for an initial period of
up to three months without any conditions or formalities other than holding a valid
identity card or passport. However, they are not eligible for housing assistance if his
or her only right to reside in the UK is an initial right to reside for a period not
exceeding three months.
11 Therefore any EU national who exercises their right to live
in the UK for this initial 3 month period is not entitled to housing assistance unless they
also have an additional right to reside as a “qualified person”.
Rights of Residence for “Qualified Persons”
10.9.43 A “qualified person” has the right to reside in the UK so long as they remain a qualified
pers
on12. A qualified person means:
a)
a jobseeker;
b)
a worker;
c)
a self-employed person;
9 The Eligibility Regulations
10 Regulation 13 of the EEA Regulations 2006
11 Regulation 3(1)(b)(ii) and (c) and 4(1)(b)(ii) and (c) of the Eligibility Regulations 2006
12 Regulation 14 of the EEA Regulations 2006
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d)
a self-sufficient person;
e)
a student.
Jobseekers
10.9.44 A jobseeker is a person who enters the UK in order to seek employment and can
provide evidence that he or she is seeking employment and has a genuine chance of
being employed. The Eligibility Regulations provide that in the case of a housing and
homelessness application made on or after 1st June 2006, a person whose only right
to reside in the UK is based on his or her status as a jobseeker or the family member
of a jobseeker is not eligible for assistance as homeless and not qualifying for an
allocation. If, however, the EEA national is entitled to JSA (IB) then he / she may be
eligible to be assessed under homelessness assistance.
Workers
10.9.45 Subject to the special rules outlined later about A8s and A2s, an EEA worker is a
person with EEA nationality who has a paid job in the UK. Work should be genuine
and effective. Work that is purely marginal or ancillary to some other activity is not
sufficient, but a part-time job is enough as long as it is real employment. Applicants in
the labour market should be able to confirm that they are, or have been, working in the
UK by providing, for example: - pay slips; a contract of employment, or a letter of
employment. An EEA worker and his or her family members are eligible for housing
because they are not subject to immigration control and have the right to reside. Also
they are specifically exempt from the habitual residence test under the eligibility
regulations.
Retention of worker status
10.9.46 A person who has worked in the UK and is no longer working may not cease to be
treated as a 'worker'
13 if he or she:
(a) is temporarily unable to work as the result of an illness or accident; or
(b) is recorded as involuntarily unemployed after having being employed in the UK,
provided that he or she has registered as a jobseeker with the relevant
employment office, and:
(i) was employed for one year or more before becoming unemployed, or
(ii) has been unemployed for no more than 6 months, or
(iii) can provide evidence that he or she is seeking employment in the UK
and has a genuine chance of being engaged; or
(c) is involuntarily unemployed and has embarked on vocational training; or
(d) has voluntarily ceased working and embarked on vocational training that is
related to his or her previous employment.
Maternity Leave
10.9.47 There has been much debate about whether claimants who are on maternity leave are
treated as being temporarily unavailable for work. The EU issued the Pregnant
13 Regulation 6(1)(b) of the EEA Regulations
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Worker’s Directive
14 which confirms that a pregnant woman retains her worker status
while on maternity leave. If a woman is on maternity leave and the employment
relationship still exists, then she is treated as a worker. If however, the claimant does
not return to work or gives up her job while on maternity leave, then she may not retain
her worker status and may subsequently lose her right to reside.
Self-employed persons
10.9.48 ‘Self-employed person' means a person who establishes himself in the UK in order to
pursue activity as a self-employed person in accordance with Article 43 of the Treaty
establishing the European Union. An EEA self-employed and his or her family
members are eligible for housing assistance because they are not subject to
immigration control and have the right to reside. Also they are specifically exempt
from the habitual residence test.
10.9.49 A self-employed person earns his / her own livelihood directly from his own trade or
business rather than as an employee of another. Any person who pursues genuine
and effective activities as a self-employed person must be regarded as self-employed.
Factors to be considered include:
• the sharing of the commercial risks of the business
• the freedom to choose their own working hours
• the freedom to engage their own assistants.
10.9.50 A self-employed person should be able to confirm that he or she is pursuing activity as
a self-employed person by providing documents relating to their business such as
invoices; tax accounts, or utility bills. Any person who pursues genuine and effective
activities as a self-employed person must be regarded as self-employed.
10.9.51 Accession state nationals are not required to register in order to establish themselves
in the UK as self-employed persons. A self-employed person retains that status if they
are temporarily unable to pursue their activity as the result of an illness or accident.
15
Self-sufficient person
10.9.52 A self-sufficient person
16 means a person from the EEA who has enough resources
not to become a burden on the social assistance system of the UK during his or her
period of residence
and has comprehensive sickness insurance cover
17 in this
country. This applies to members of his or her family as well.
10.9.53 Sufficient resources are
“higher than the level of resources below which the host
Member State may grant social assistance to its nationals”.
18 In other words, more
than the level at which income support would be awarded.
14 EC Pregnant Workers Directive 92/85/EC
15 Regulation 6(1)(c) of the 2006 EEA regulations
16 Regulation 4(1)(c) of the 2006 EEA regulations
17 Comprehensive sickness insurance cover must provide for general health risks. The E111 or its
successor the EU Health Insurance Card does not suffice.
18 Article 8(4) of Council Directive (EC) 2004/38
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10.9.54 Under the eligibility rules applying to a housing or homelessness application made on
or after 1st June 2006, a self-sufficient person and his or her family members with a
basic income are eligible for assistance because they have a right to reside, and can
qualify for housing if they are habitually residence in the CTA. Where the applicant
does not meet the conditions but has previously done so during his or her residence in
the UK, the case should be referred to the Home Office for clarification of their status.
Students
10.9.55 A 'student' is defined
19 as a person who:
(a) is enrolled at a private or public establishment included on the Department of
Education and Skills' Register of Education and Training Providers, or is
financed from public funds for the principal purpose of following a course of
study, including vocational training, and
(b) has comprehensive sickness insurance cover in the UK
20, and
(c) makes a declaration to the Home Office that he or she (and if applicable his or
her family members) has sufficient resources not to become a burden on the
social assistance system of the UK during his or her period of residence.
10.9.56 Note the restricted definition of family member that applies where the EEA national is a
student and has no other rights to reside. After the initial three month right of entry,
only the spouse or civil partner and dependant children of the EEA student or his
spouse or civil partner have the right to reside in the UK. The resources of a student
from the EEA or his or her family are sufficient if they are more than the maximum
level of resources that a UK national and his or her family members may possess if he
or she is to become eligible for social assistance under the UK benefit system.
10.9.57 A student and his or her family members (subject to the restricted definition outlined
above) may become eligible for housing because they have the right to reside. This is
provided he or she is habitually resident in the CTA and has enough resources to meet
the requirements.
Family Members of a Qualified Person
10.9.58 Family members of EEA nationals (whether or not they themselves are EEA nationals
or non-EEA nationals) have rights to reside as outlined above, and are therefore
exempt from immigration control when the above rules apply to them. Therefore they
are often eligible for housing in their own rights.
10.9.59 The following persons
21 are treated as family members of another person
(i)
a family member of a qualified person residing in the UK;
(ii) a family member of an EEA national with a permanent right of residence
22;
19 Regulation 4(1)(d) of the EEA Regulations 2006
20 Comprehensive sickness insurance cover must provide for general health risks. The E111 or its successor
the EU Health Insurance Card does not suffice.
21 Regulation 14 of the EEA Regulations 2006
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and
(iii) a family member who has retained the right of residence
23
Staff should check that the Applicant remains a family member of an EEA national and
also that the EEA national in question is a Qualified Person.
When considering the eligibility of a family member, the Executive should consider
whether the person has acquired a right to reside in their own right, for example a
permanent right to reside.
Who is a 'family member'?
10.9.60 The following persons are treated as the family members of another pers
on24 (with
certain exceptions for students - see below):
(a) the spouse or civil partner;
(b) direct descendants of the EEA national, his or her spouse or his or her civil
partner who are:
(i) under the age of 21; or
(ii) over 21 and dependent on the person, or the spouse or civil partner;
(c) an ascendant relative of the person, or of the person's spouse or civil partner,
who is dependent on the person or the spouse or civil partner.
(d) a person who is an extended family member and is treated as a family
member.
10.9.61
Note: Meaning of “spouse or civil partner”
Reference to a spouse means a married partner and includes the spouse or civil
partner when separated. Where the spouse or civil partner is an EEA national,
divorce, annulment of the marriage or termination of a civil partnership does not affect
the right of residence of their family members. Where the spouse or civil partner is a
non-EEA national they may be considered as a family member who has retained the
right of residence (see section 10.9.69). Unmarried partners may apply for residence
rights as extended family members as outlined below. A family member of an EEA
national who has the right to reside in this country and is living in this country does not
have to be living with that EEA national to have the right to reside here.
10.9.62
Note: Meaning of “dependant”
The references to dependency mean financial dependency, but a family member does
not have to be wholly dependent, or live with the EEA national to meet the
dependency requirement. The European Court of Justice has ruled on the meaning of
“dependant” a family member is dependent on the qualified person if the qualified
22 Regulation 15 of the EEA Regulations 2006
23 Regulation 10 of the EEA Regulations 2006
24 Regulation 7 of the EEA regulations 2006
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person was providing the family member with the “material support…..in order to meet
their essential needs in the State of origin”
25. Generally, this means that financial
support must have been provided by the qualified person or their spouse or civil
partner to the family member before the family member joined them in the UK. If the
family member becomes dependent after arriving in the UK they are not a family
member of a qualified person.
Family Members of Students
10.9.63 A person shall not be treated as a family member of a student residing in the UK after
the period of 3 months beginning on the date the student is admitted to the UK unless:
(a) the person is the dependent child of the student, or of the spouse or civil
partner; or
(b) the student also falls within one of the other categories of qualified person
mentioned above.
Family Member – EEA Family Permit / Residence Documents
10.9.64 As confirmation of their right of residence, family members may apply for certain
residence documents:
• EEA national – registration certificate
• Non-EEA national – registration card
• EEA and Non-EEA nationals – family permit
A registration card normally takes the form of a stamp in the applicant’s passport. An
EEA family permit is a form of entry clearance issued to the EEA family members of an
EEA national who is in the UK, or intends to come to the UK, in order to exercise a
Treaty right.
NOTE: All residence documentation issued to EEA nationals is declaratory in nature
only, i.e. it confirms that at the date of issue the holder of the document had the right to
reside in the UK; however it does not confer a right of residence. Staff should check that
the Applicant remains a family member of an EEA national and also that the EEA
national in question is a Qualified Person.
Extended Family Members
10.9.65 The Home Office decides who is an “extended family member”. An extended family
member must hold a valid
• EEA family permit; or
• A Registration Certificate; or
• A Residence Card
The extended family member may be for example a cousin, unmarried common-law
partner (who can prove he/she is in a durable relationship with the EEA national),
sibling etc. If an extended family member has documentation from the Home Office
confirming the right to reside he or she will be eligible for housing on the same basis
as the EEA national themselves.
25 Case C-1/05 Yunying Jia v Migrationsverket, paragraph 43
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FAMILY MEMBER WHO HAS RETAINED THE RIGHT OF RESIDENCE
10.9.66 The expression “a family member who has retained the right of residence” has a
specific meaning. It means
non-EEA family members continue to have the right of
residence in the
four following sets of circumstances:
26
1.
they were a family member of a qualified person when the qualified person
died
and if they were an EEA national would be a worker, a self-employed
person or a self-sufficient person.
2.
They ceased to be a family member of a qualified person on the termination
of the marriage or civil partnership of the qualified person and they are a
worker, a self-employed person or a self-sufficient person
and • their marriage/ civil partnership must have lasted at least three years
(when divorce proceedings were initiated), and at least one of those years
must have been spent in the UK, or
• the former spouse or civil partner of the qualified person has custody of a
child of the EEA national
or
• They have the right of access to a child of the EEA national under the age
of 18 and a court has ordered that such access must take place in the UK
or
• There are particularly difficult circumstances, such as domestic violence
during the marriage.
3.
They are a direct descendant of an EEA national who has died or has
ceased to reside in the UK, (or of their spouse/ civil partner)
and
• they were attending an educational course in the UK immediately before
the EEA national died or left the UK and continues to attend such a
course.
4.
They are a parent with actual custody of a child who satisfies the condition in
paragraph 3 above.
EEA family members and non-EEA family members are treated differently with
regard to family members retaining the right of residence.
An EEA national is a
“family member who retained the right of residence” under paragraphs 3 & 4
above only.
UK Nationals
10.9.67 The above rules do not apply to family members of UK nationals unless the UK
national has been working in an EEA country and now wants to bring a non EEA
family member back to the UK with him/ her. Otherwise, no EEA family members of
UK nationals must apply for entry under the normal immigration rules. This is
because a UK national cannot be a qualified person unless they have exercised their
26 Regulation 10 of the EEA Regulations 2006
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treaty rights and worked in another EEA country. However, an Irish national is treated
as qualified person.
Relationship with Other Rights to Reside
10.9.68 Where an applicant for housing assistance who’s right to reside is derived from his or
her status as the family member of an EEA national with a right to reside, the family
member may have acquired a right to reside in his or her own right. In particular, a
person who arrived in the UK as the family member of an EEA national may have
subsequently acquired a permanent right of residence.
Permanent Right of Residence
10.9.69 A person acquires the right to reside permanently in the UK in the following sets of
circumstances:
(a) an EEA national who has resided in the UK in accordance with the 2006 EEA
regulations for a continuous period of 5 years; or
(b) a non-EEA national who is a family member of an EEA national and who has
resided in the UK with the EEA national in accordance with the EEA
regulations for a continuous period of 5 years;
(c) a worker or self-employed person who has ceased activity (see regulation 5
of the EEA Regulations for the definition of worker or self-employed person
who has ceased activity);
(d)
the family member of a worker or self-employed person who has ceased
activity;
(e) a person who was the family member of a worker or self-employed person
who has died, where the family member resided with the worker or self-
employed person immediately before the death and the worker or self-
employed person had resided continuously in the UK for at least 2 years
before the death (or the death was the result of an accident at work or an
occupational disease);
(f)
a person who has resided in the UK in accordance with the EEA regulations
for a continuous period of 5 years, and at the end of that period was a family
member who has retained the right of residence (see regulation 10 of the
EEA Regulations for the definition of a family member who has retained the
right of residence).
10.9.70 The concept of a “worker or self-employed person who has ceased activity” has a
specific meaning and does not mean someone who has merely stopped work. It
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means an EEA national who ceases to work as a worker or self-employed person in
the
five following sets of circumstances
:27
1.
They reach the age at which they are entitled to a state pension on the date
on which they terminate their activity or in the case of a worker, ceases
working to take early retirement
and • have pursued their activity as a worker or self-employed person in the UK
for at least 1 year prior to the termination
and
• have resided in the UK continuously for more than 3 years prior to the
termination.
2.
They terminate their activity in the UK as a worker or self-employed person as
a result of a permanent incapacity to work
and either
• they have resided in the UK continuously for more than 2 years prior to the
termination
or
• the incapacity is the result of an accident at work or an occupational
disease that entitles them to a pension payable in full or in part by an
institution in the UK.
3.
They are active as a worker or self-employed person in an EEA State but
retain their place of residence in the UK to which they return as a rule at least
once a week
and • prior to becoming so active in that EEA State, they had been continuously
resident and continuously active as a worker or self-employed person in
the UK for at least 3 years.
4.
A person who satisfies the first part of paragraph 3 but not the time limit is
treated as being active and resident in the UK for the purposes of paragraphs
2 & 3.
5.
The time limits in paragraphs 2 & 3 do not apply if the spouse or civil partner of
the worker or self-employed person is an UK national.
Periods of activity include:
28
• periods of inactivity not of the person’s own making;
and
• periods of inactivity due to illness or accident;
and
• in the case of a worker, periods of involuntary unemployment duly recorded
by the relevant employment office.
10.9.71 Continuity of residence is not affected by temporary absence:
• Not exceeding a total of 6 months a year; or
27 Regulation 5 of the 2006 Regulations
28 Regulation 5(7) of the EEA Regulations 2006
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• By absences of longer duration for compulsory military service; or
• By 1 absence of a maximum of 12 consecutive months for important reasons
such as pregnancy and childbirth, serious illness, study or vocational training,
or posting in another country.
Once acquired, the right of permanent residence can be lost through absence from
the UK for a period exceeding two consecutive years. A person with a right to
reside permanently in the UK arising from para. 38 (c), (d) or (e) is eligible for
housing assistance whether or not he or she is habitually resident in the CTA.
Persons with a permanent right to reside by virtue of para. 38 (a), (b), or (f) must
be habitually resident in order to be eligible.
10.9.72 A8 nationals and their family members are eligible for permanent residence once they
have exercised their Treaty rights in the UK for 5 years. In other words after 5 years
as a qualified person or a family members of qualified person. The time spent in the
UK prior to 1 May 2004 does not count towards the qualifying period for permanent
residence. However, time spent as a registered worker on the Worker Registration
Scheme will count towards the qualifying period.
10.9.73 Likewise A2 nationals and their family members are eligible for permanent residence
once they have exercised their Treaty rights in the UK for 5 years. The time spent in
the UK prior to 1 January 2007 does not count towards the qualifying period for
permanent residence. However, time spent as an authorised worker on the Worker
Authorisation Scheme will count towards the qualifying period.
A-8 State Nationals
10.9.74 On 1st May 2004 ten new countries joined the European Union. People who have
nationality of either Malta or Cyprus enjoy full rights to work and reside in the UK as an
EEA national from that accession date. However the nationals of the other eight
countries (the A-8 States) do not enjoy full rights to reside as workers immediately.
These countries are: Czech Republic; Estonia; Hungary; Latvia; Lithuania; Poland;
Slovakia; and Slovenia. Note that A8 nationals are EU nationals and all the above
rights to reside and entitlement to housing assistance apply to them and their families,
subject only to the special requirements they have to meet if they look for work or take
a job.
Under the Accession Regulations
29 nationals from the A-8 States can take work
without prior authorisation but in most cases have to comply with the requirements of
the worker registration scheme. A8 workers are required to register with the Home
Office Worker Registration Scheme in most cases if they take employment in the UK
up to 30th April 2009.
10.9.75 The right of residence for workers and jobseekers is limited in the following ways:
29 Regulation 5 of the Accession (Immigration and Worker Registration) Regulations 2004
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•
A8 workers will only be lawfully resident in the UK during their first year of
employment if they have registered their employment and are working for
authorised employers
30 (see flowchart in Appendix 15)
•
A8 workers who cease to work within the first month of their employment will
only be lawfully resident for the remainder of that month
31
•
A8 jobseekers are not entitled to reside in the UK
32
10.9.76 Note: There is no restriction on A8 nationals who exercise other Treaty rights,
therefore self-employed persons, self-sufficient persons and students are treated in
the same way as existing EEA nationals.
10.9.77 The requirement to register when working ceases to apply once an A8 national has
worked in the UK continuously for 12 months. (Breaks of up to 30 days in total during
the 12 moths do not break the continuity) and from then on they and their families
have rights to reside and are eligible for housing assistance in the same way as any
other European nationals.
10.9.78 A8 workers need to provide the following evidence to confirm their status:
•
A passport or ID card
•
Worker Registration Card
•
Worker Registration Certificate (only valid whilst the holder is employed by
the employer named on it and only has the start date. Staff should contact
the employer named in the registration certificate, to confirm that the
applicant continues to be employed.).
A8 nationals who are not required to register
10.9.79 The following categories of A8 nationals are not required to register.
33
A person who:
•
had leave to remain on 30 April 2004 which was not subject to conditions
restricting employment
or
•
was legally working on 30 April 2004 and had been legally working without
interruption* throughout the period of 12 months ending on that date or after
that date
or
•
had worked legally without interruption for 12 months since 1 May 2004
(Verified through Worker Registration Certificates)
or
•
is a posted workers**
or
•
is a family member of an EEA or Swiss national who has the right to reside
as a qualified person or who has a permanent right of residence.
30 Regulation 5(2) of the Registration Regulations
31 Regulation 5(4) of the Registration Regulations
32 Regulation 4(2) of the Registration Regulations
33 Regulation 2 of the Registration Regulations
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* “Without interruption” means without breaks totalling more than 30 days
34.
** “Posted worker” means a person whose employer is not established in the UK
and who works for that employer in the UK for the purpose of providing services on
his employer's behalf.
10.9.80 A8 workers are exempt from the second part of the HRT. They will only be eligible
for housing / homelessness assistance whilst they are working because they lose
their right to reside once they stop working. While “between jobs”, they would not
retain their EU “worker” status and their right to reside would be conditional on
them being self-sufficient and not placing an unreasonable burden on the host
state (see Appendix 14 for more detailed guidance on this area).
Exempt from Registration
10.9.81 Some A-8 nationals will be exempt from the registration scheme (e.g. those
already working legally in the UK immediately prior to 1 May 2004; those who are
self-employed) and those who have worked in the UK for an uninterrupted period
of 12 months after 1 May 2004 will no longer be subject to the Scheme (see
Appendix 13).
A8 Worker: post 12 months
10.9.82 Once a worker registered with the Worker Registration Scheme has worked for 12
months uninterrupted they have the same rights and access to housing /
homelessness assistance as EEA 16 Nationals. (A worker must not be out of
work for more than 30 days in the 12 month period). Once the 12 months
uninterrupted work is completed they are no longer required to register as a
worker. In such circumstances, staff should obtain previous Registration
Certificates and check through the start and end dates of previous registered
employment to establish that the 12 months has been completed.
Applicants who are Self Employed
10.9.83 EEA and A2 nationals who are self-employed are allowed to come to the UK to
establish themselves in work and have a right to reside under the new Directive.
Self-employed people and their family members have the same rights as workers
ad their family members. They will need to provide one of the following
documents as evidence of their right to reside:
• An ID card
• Passport
• EEA Registration certificate, if they have one, and
Evidence of self-employment would include the following:
•
Audited accounts
•
Bank statements
•
Business lease
•
Invoices
34 Regulation 2(8) of the Registration Regulations
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10.9.84 The following should be treated as self-employed:
i. People who pay or who have arranged to pay class 2 National Insurance
Contributions
ii. People who are in receipt of an allowance under the Business Start Up
Programme
iii. Usually people in the building industry who hold a Registration Card (C1S4)
or a tax certificate (C1S5 – a construction tax certificate) or (C1S6 – a
subcontractor’s tax certificate).
iv. Franchise holders who are paying schedule D tax and class 2 and/or class 4
National Insurance Contributions.
This group is exempt from the second step of the HRT. A8 Nationals who are self-
employed have the same rights as EEA 16 and A2 nationals who are self-
employed The applicant’s own statement that he/she is self-employed should be
accepted unless there are grounds for uncertainty.
A2 Nationals
10.9.85 On 1 January 2007 Bulgaria and Romania became members of the European
Union. The government assessed the impact of the 2004 accession and decided
to adopt a gradual approach on labour market access to minimise any further
impact. The national measures applied by the UK took the form of a worker
authorisation scheme. The Accession (Immigration and Worker Authorisation)
Regulations 2006 set out the scheme and also amended the 2006 Regulations to
include within their scope A2 nationals.
10.9.86 This scheme operates in a similar manner to the WRS for A8 nationals. The
essential difference being that A2 nationals are required to seek permission from
the Home Office to take up work. The social security provisions are virtually
identical to those for A8 nationals.
A2 NATIONALS WHO DO NOT REQUIRE AUTHORISATION
10.9.87 The following categories of A2 nationals do not require authorisation.
35 A person
who:
• has leave to enter or remain and that leave is not subject to any condition
restricting his employment.
• was legally working on 31 December 2006 and had been legally working
without interruption* throughout the period of 12 months ending on that date or
after that date.
• had worked legally without interruption for 12 months since 1 January 2007.
35 Regulation 2 of the Authorisation Regulations
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10.9.88
More detailed guidance is provided in Appendix 18.
Homelessness – Pending Enquiries
10.9.89 The Housing Executive does not owe the full housing duty (FDA status) under the
homelessness legislation to Applicants who are not eligible for assistance.
10.9.90 The interim duty to accommodate under Article 8 of the 1988 Order (pending inquiries
under Article 7) applies to all Applicants who may be persons subject to immigration
control in the same way as it applies to all other applicants. Where inquiries are
necessary to determine immigration status and eligibility, these should be carried out
in parallel with the usual homelessness inquiries carried out under Article 7 of the 1988
Order. Where there is a duty to secure that temporary accommodation becomes
available, it must be suitable for
all members of the household, including any ineligible
persons.
10.9.91 If the Designated Officer is in a position to determine that the Applicant is ineligible at
the outset of his/her application, there is no duty to provide temporary accommodation
regardless that the Applicant may be homeless and have a priority need.
Homelessness - Ineligible Applicants
10.9.92 Where having completed their inquiries, the Designated Officer is satisfied that the
Applicant is ineligible; he/she should be notified to leave the temporary
accommodation which had been provided under the interim duty immediately.
Families with children therefore could find themselves without accommodation and any
prospect of further assistance. This could give rise to a situation in which the children
of such families become a child in need. It is important that social services are alerted
as quickly as possible to homelessness cases where the family may wish to seek
assistance under the Children Order. Social Services should also be advised of cases
of Applicants who may be destitute, vulnerable and ineligible for assistance.
10.9.93 It should be noted that all persons, whether “eligible persons” or not, are entitled to
advice and assistance on homelessness and the prevention of homelessness
including finding alternative accommodation; information regarding estate agents;
private rented sector and local advice / support agencies.
Homelessness - Conferring Priority Need
10.9.94 Although the presence in a household of an ineligible person upon whom the
homelessness applicant does
not depend is generally immaterial, where an applicant
is relying on a member of his or her household to confer priority need it will be
necessary to establish if that member of the household is eligible for assistance.
Article 7A(4) of the 1988 Order requires that “ineligible persons” are disregarded when
determining whether an applicant is homeless, threatened with homelessness, or has
a priority need. From 2 March 2009, whether or not an ineligible person is disregarded
for the purposes of the homelessness legislation will now depend on the immigration
status of the applicant.
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10.9.95 The restrictions under Article 7A(4) of the 1988 Order will continue to apply where the
eligible applicant is a person subject to immigration control, for example a person
granted refugee status, indefinite leave to remain, humanitarian protection or
discretionary leave. In such cases this means that the Article 7(4) as amended
requires any dependants or other household members who are ineligible for
assistance to be disregarded for the purpose of determining whether the applicant is
homeless or has a priority need for accommodation. Such cases will continue to be
ineligible for Full Duty Applicant status.
10.9.96 Where the applicant is not subject to immigration control and is an eligible UK citizen,
national of a Commonwealth country with a right of abode in the UK, or an EEA
national with a right to reside in the UK, then Article 7A (4) of the 1988 Order will no
longer apply. The applicant can claim homeless or priority need status, even if it is
derived from a member of the applicant’s household who is a ‘restricted person’ (a
restricted person is a person who is not eligible for assistance, is subject to
immigration control and who has no leave to enter or remain in the UK or who has
leave on the basis of no recourse to public funds). This is now defined in a new Rule
1(8) which has been inserted in the Housing Selection Scheme (see Chapter 12).
10.9.97 Therefore a ‘restricted case’
36 is a case where an eligible applicant who is not subject
to immigration control has a priority need for accommodation which is based on a
restricted person. This group of eligible applicants will therefore be able to rely on
ineligible household members to convey homelessness or priority need, and therefore
convey an entitlement to be secured suitable accommodation under Article 10(2) of
the 1988 Order. Such cases are now referred to as restricted cases. However, the
statutory duty owed to such restricted cases differs. A template for a homeless
decision letter which should be used in such restricted cases is attached at Appendix
19(c) and should be completed as necessary and issued to the Applicant.
10.9.98 Restricted cases will be entitled to additional homelessness services if necessary,
namely temporary accommodation, furniture storage and taxi vouchers. Of particular
importance, however, is that unlike other Full Duty Applicants, in a restricted case, the
Housing Executive must, so far as reasonably practical, bring the Article 10(2) duty to
an end by arranging for an offer of a tenancy in private accommodation to be made to
the applicant by a landlord.
10.9.99 The Applicant in a restricted case will only be entitled to one offer of private rented
accommodation. For an offer of private accommodation to come within the meaning of
Article 10, amended, the following requirements must be met:
1. It must be an offer of a private tenancy for a term of at least 12 months of
accommodation which is available for the applicant’s occupation;
2. That offer must be made with the approval of NIHE, in pursuance of arrangements
made by NIHE with the landlord with a view to bringing its housing duty to an end.
36 Article 10(5) of the 1988 Order
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3. NIHE must not approve an offer of private accommodation unless it is satisfied
that it is suitable for the applicant and reasonable for him to accept, and having
been informed by the Housing Executive of the possible consequences of refusal,
the applicant either accepts or refuses the offer.
4. At the end of the 12 months term, the private landlord can choose to renew the
tenancy term. However, if the tenancy is not renewed and the applicant’s
circumstances have not changed they will have to reapply for a homeless
assessment.
NOTE: OFFICERS DEALING WITH A RESTRICTED CASE SHOULD CONTACT
HOMELESSNESS POLICY UNIT, HQ FOR DETAILED ADVICE AND ASSISTANCE.
10.9.100
The Housing Executive will have discharged its statutory duty where the
applicant either accepts or refuses an offer of private rented accommodation (Article
10(2A) of the Housing (Northern Ireland) Order 1988 as inserted by the 2008 Act).
Templates of letters to be issued to an Applicant who has refused or accepted an offer
of private accommodation are attached at Appendix 19(d) and Appendix 19(e)
respectively.
10.9.101
If the Designated Offer is not able to secure a suitable offer of private
accommodation for the Applicant and the Applicant’s household, the Designated
Officer may make a reasonable offer of accommodation under the Housing Selection
Scheme. The Housing Executive will have discharged its statutory duty under the
homelessness legislation where the applicant either accepts or refuses that offer and
the Applicant should be notified accordingly.
10.9.102
In a restricted case, applicants will be entitled to be placed on the waiting list and
considered for an allocation of accommodation. They will not, however, be entitled to
any preferential access to social housing and a new Rule 24A has been introduced in
the Housing Selection Scheme to provide that no Insecurity of Tenure points
(Intimidation; Full Duty Applicant Other Homeless points or Interim Accommodation
points) should be awarded to an applicant whose homelessness status depends on a
restricted person (see Chapter 12).
10.9.103
Where an Applicant who is a restricted case has refused an offer of private
accommodation or of accommodation under the Housing Selection Scheme in
discharge of the statutory duty, that Applicant will be entitled to remain on the Waiting
List and receive three further reasonable offers under the Housing Selection Scheme.
Ineligible Decisions: Letters and Deletion Arrangements
10.9.104
Decision Letters: Where, following investigations the Housing Executive is
satisfied that a homelessness applicant is ineligible, then in effect two decisions
are made, namely under the homelessness legislation and also under the Housing
Selection Scheme and therefore two decision letters should be issued (See
Appendix 19). Firstly the homeless (ineligible) decision letter should be selected
and issued to advise the applicant that he is ineligible under the homelessness
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legislation. In addition, the applicant is ineligible for housing and the application
should be deleted, therefore the attached ineligible system-generated letter
(205/1) should be selected from HMS and issued. The Housing Executive is
obliged to notify the applicant of the reasons for its decision therefore the blank
lines in both letters should be completed freehand to explain that the Housing
Executive has decided that the applicant is a person from abroad who is not
eligible for housing assistance. Note: a housing applicant who has not applied
under the homelessness legislation should only receive one letter, namely 205/1.
Deleting the Application
10.9.105
Ineligible decisions are in two parts – Homeless and Housing. Homeless
Ineligibility must be keyed before Housing deletion. Guidelines on the
administrative arrangements, including use of the appropriate deletion code, for
removing ineligible applications are attached at Appendix 19.
Monitoring
10.9.106
Senior Housing Officers should check an applicant’s eligibility when
considering making an allocation. This is particularly significant where it is possible
that a substantial amount of time may have elapsed between the point at which an
applicant applies to join a scheme and the point at which he or she is considered
for an allocation of accommodation and where an applicant has been awarded
limited leave to remain, including discretionary leave, humanitarian protection.
Critical dates should be recorded on HMS to monitor such cases.
10.9.107
Where at the time that the applicant joins the scheme, it is decided that he or
she is a person from abroad but is nonetheless eligible for housing, it is
recommended that the housing officer inform the applicant that changes to his or
her immigration status or the statutory eligibility criteria prior to an allocation could
affect his or her eligibility.
Appeals and Complaints
10.9.108
Where an homeless applicant who has been notified that they are an
ineligible person from abroad decides to appeal the decision that they are
ineligible, then that appeal should be considered under the Executive’s two-stage
homeless appeals process in the same way as an appeal in relation to whether an
applicant is homeless or threatened with homelessness; in priority need; or
intentionally homeless. Interim statutory homelessness duties including temporary
accommodation and furniture storage continue during appeal.
10.9.109
If an Applicant who has applied for housing accommodation under the
Housing Selection Scheme and has not been assessed under the homelessness
legislation has been deemed ineligible as a person from abroad, then their case
should be considered under the Internal Complaints Procedure.
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Advice and Assistance
10.9.110 Ineligible applicants should be given advice and assistance on the private rented
sector, local advice agencies and support groups. The applicant should also be
advised that he / she may make a fresh application for housing assistance if his
or her circumstances have changed or he / she thinks that they should no longer
be treated as not eligible.
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List of Appendices
Appendix 1 Useful Websites
Appendix 2 Glossary
Appendix 3 Flowchart
Appendix 4 Classes of applicant who are eligible for housing assistance
Appendix 5 Persons subject to immigration control prescribed as eligible for an
allocation of accommodation
Appendix 6 Persons subject to immigration control prescribed as eligible for
homelessness assistance
Appendix 7 Classes of Person Who are NOT eligible for Accommodation/Homeless
Assistance
Appendix 8 European Groupings (EU, (A8) (A2), AND EEA)
Appendix 9 How to identify the main classes of person subject to immigration control
eligible for homelessness assistance / housing allocation
Appendix 10 Asylum Seekers - Overview
Appendix 11 How to contact the Home Office Immigration and Nationality Directorate;
Information Request Template; List of Registered Officers
Appendix 12 Public Funds
Appendix 13 Habitual Residence Test
Appendix 14 Workers Registration Scheme
Appendix 15 A8 Workers Registration Flowchart
Appendix 16 Example of a Worker Registration Scheme Card
Appendix 17 Example of a Worker Registration Scheme Certificate
Appendix 18 Worker Authorisation Scheme - Bulgarian and Romanian Nationals
Appendix 19 Ineligible Decisions – Keying Arrangements and Decision Letters
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Appendix 1
Useful Websites
Legislation can be downloaded from:
http://www.opsi.gov.uk/legislation/northernireland/ni_legislation.htm These pages explain how nationals of the European Economic Area (EEA) and members
of their family can enter, live in and work in the United Kingdom:
http://www.ind.homeoffice.gov.uk/applying/eeaeunationals Information on the Workers Registration Scheme can be found at:
http://www.workingintheuk.gov.uk/working_in_the_uk/en/homepage/schemes_and_progra
mmes/worker_registration/wrs_faq.html Guidance for nationals of Bulgaria and Romania on obtaining permission to work in the
United Kingdom can be found at:
http://www.bia.homeoffice.gov.uk/6353/11406/49552/guidancefornationalofbulgar1.pdf Examples of passport endorsements, visas, permits etc.:
http://www.ind.homeoffice.gov.uk/6353/18383/18469/fullguidance1.pdf http://www.ukvisas.gov.uk/servlet/Front?pagename=OpenMarket/Xcelerate/ShowPage&c=
Page&cid=1037023012243 Guidance on Employing Migrant Workers:
http://www.employingmigrantworkers.org.uk/index.html
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Glossary of Terms
Appendix 2
A2 Accession Bulgaria and Romania; these two countries joined the EU on the
Countries
1st January 2007. Their nationals are subject to requirements
regarding residence and employment under the Workers
Authorisation scheme.
A8 Accession 8 of the 10 countries which joined the EU on the 1st May 2004
Countries
are subject to special residence and employment rules known
as the Workers Registration Scheme. Czech Republic, Estonia,
Hungary, Latvia, Lithuania, Poland, Slovak Republic and
Slovenia. Cyprus and Malta are not subject to such restrictions.
Habitual
A test which the UK Government uses to decide if an individual
Residence
normally lives in the CTA (see below) in order to decide if
Test HRT
he/she is entitled to benefits.
Certificate of
The document showing the grant of citizenship to a foreign
Naturalisation
national who can now apply for a British passport.
CTA
Common Travel Area; comprised the UK, Channel Islands, Isle
of Man and the Republic of Ireland
Lawfully
This means that a person who requires leave to enter and
Present
remain in the UK has been granted that leave. EEA nationals
do not require leave to enter.
Leave to
When a non-EEA national is permitted to stay in the UK, they
Remain
are granted leave to remain by the Government.
Leave to Enter
When permission is given for a non-EEA national to enter the
UK from outside, this is referred to as 'leave to enter'.
Limited Leave A form of leave granted to non-EEA national which permits them
to
a limited period of stay in the UK. Some nationals will be able to
Enter/Remain
take employment as part of their limited leave, although
immigration restrictions may be imposed on the types of work
they can do during their stay here. This is also often referred to
as 'current' or 'subsisting' leave.
Indefinite
This is the immigration status granted by the Home Office to
Leave to
those foreign nationals who qualify for settlement or permanent
Remain ILR
residence in the United Kingdom. A person granted this status
has no immigration restrictions placed on the work they may
carry out in the UK, and no time limited on their stay.
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United
Formerly Immigration and Nationality Directorate (IND) is the
Kingdom
Government Department within the Home Office which is
Border
responsible for migration to the UK.
Agency
(UKBA)
Immigration
A document which contains a UK Residence Permit and grants
Status
the holder Limited/Indefinite Leave to Enter or Remain in the
Document
UK.
Asylum
A person subject to immigration control who is in the UK
Seeker
requesting refugee status is an asylum seeker.
NASS
National Asylum Support Service. A division of IND established
in 2000 to operate the asylum support scheme.
Refugee
Granted to those asylum seekers who are recognised by the
Status /
Home Office in accordance with the criteria set out in the 1951
Asylum
United Nations (Geneva) Convention or under Article 3 of the
Human Rights Act.
Humanitarian
Not all people seeking asylum are granted refugee status, but
Protection
some are given leave to enter or remain in the UK on a
HP
humanitarian basis.
Discretionary
Leave to remain which is awarded on an exceptional basis to a
Leave
person in cases where their expulsion would breach ECHR Art3
DL
on medical grounds
Public Funds
Public funds include a range of income-related benefits,
together with housing and homelessness support. See
Appendix 17 for the full list.
Illegal Entrant
A person who requires leave to enter the UK but enters (or
attempts to enter) without leave.
Overstayer
A person who had limited leave to enter or remain which has
expired.
Right of
All British citizens have the right of abode in the UK, along with
Abode
certain other Commonwealth citizens (those with a Certificate of
Entitlement endorsed on their passport). Section 1(1) of the
Immigration Act 1971 gives exemption from immigration control
to persons with the right of abode in the UK, subject to proof on
that right.
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Sponsored
Sponsored immigrants are given indefinite leave to enter or
Immigrant
remain in the UK on the understanding that another person is
prepared to support them by providing accommodation and day-
to-day living expenses. There may occasionally be more than
one sponsor. The home Office requires each sponsor to
complete and sign a written maintenance undertaking.
United
The UKRP is a passport endorsement which authorises an
Kingdom
individual to stay in the UK. It is attached either to an individual's
Resident
passport, or to their Immigration Status Document. The UKRP is
Permit (UKRP)
issued in the UK for those seeking to further their stay here.
Work Permits
Work permit arrangements allow employers based in the UK to
employ people from countries outside the EEA, if they have
been unable to recruit an EEA national, or if the job is in a
recognised shortage category.
Work Permits
This is part of the Immigration and Nationality Directorate of the
UK
Home Office. It administers work permit arrangements on behalf
of the UK Government and also operates the Worker
Registration Scheme (WRS).
Worker
This is the scheme established by the Home Office to monitor
Registration
the participation of A8 workers in the UK labour market.
Scheme
Worker
This is the scheme established by the Home Office to monitor
Authorisation
the participation of A2 workers in the UK labour market.
Scheme
European
Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark,
Union (EU)
Estonia, Finland, France, Germany, Greece, Hungary, Ireland,
Countries
Italy, Latvia, Lithuania, Luxembourg, Malta and the Netherlands,
Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden
and the United Kingdom.
EEA Countries
All EU countries plus Iceland, Norway and Liechtenstein. In
addition, Switzerland
, although not a member of the EEA, has
signed an agreement allowing its citizens the same rights as
EEA nationals.
Family
Spouse or civil partner, direct descendents under 21 years
members
(including those over 21), ascendant relatives
(grandparents/parents), and descendent relatives
(grandchildren).
Partners who are not married or in a registered civil partnership
and who separate or divorce.
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EEA Family
A document given to non-EEA family members before they
Permit
travel to allow them to enter the UK.
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Appendix 3 Flowchart
NO
Is the Applicant subject
YES
Does
the Applicant fall
NO
to immigration control?
within any of the
Is the Applicant
(no leave, limited leave,
classes prescribed as
an EEA or Swiss
sponsored)
exempt?
national?
(See App 5 and 6)
NO
YES
YES
The Applicant is not excluded by the Immigration Control rules
Is the applicant exempt from the Habitual Residence Test?
[EEA: workers & self-employed (including retained status), permanent
residents, family members]
NO
YES
Does the Applicant have the right to reside in the CTA?
[UK/ROI/IOM/CI]
[EEA: Self-sufficient & not a burden – cannot rely on initial 3 months
or jobseeker status]
[Non-EEA: any kind of formal leave - ILR/HP/DL/Right of Abode with
no conditions]
YES
NO
Is the Applicant habitually
resident in the CTA?
NO
[“appreciable period” & “settled
intention”]
Applicant
Not
Eligible
YES
A pplicant
Eligible
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Chapter 10.9 Persons from Abroad
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Appendix 4 Summary: Classes of Applicant Eligible for Housing Assistance
Class of Applicant Conditions of eligibility How to identify / verify
British citizen; Irish Citizen;
Must have a right to
Passport
Commonwealth Country
reside/right of abode and be
national
habitually resident in the CTA
EEA citizen
Must be habitually resident in
Passport or national identity
CTA, unless:
card
Must have a right to reside or
Employment details or details
family member of a person
of self-employment or seeking
with a right to reside.
work;
A-8 Citizen
- applicant is a “worker”, or
- applicant has a right to
Workers Registration Card
A-2 Citizen
reside in the UK
and Certificate(s)
- applicant has a right to
Worker Authorisation Card
reside conditional on being
and Certificate(s)
self-sufficient
Person subject to immigration
None
Home Office Papers and
control granted refugee status
Immigration Status Document
Person subject to immigration
Must not be subject to a
Stamp in passports; Home
control granted Humanitarian
condition requiring him/her to
Office Papers and Immigration
Protection or Discretionary
maintain him/herself and
status Document
leave to remain
dependants
Person subject to immigration
Must be habitually resident in
Stamp in passport or Home
control granted indefinite
CTA, and
Office letter
leave to remain (ILR)
And, if ILR was granted on
These sponsored people are
undertaking that a sponsor(s)
likely to have a visa/entry
would be responsible for
clearance stating
maintenance &
“Settlement/to join…….
accommodation and 5 years
[nephew, son, daughter]”.
has not elapsed since date of
The name of the person they
entry to UK or the undertaking are coming to join will
– then at least one sponsor
generally be written in the
must have died
passport next to the visa. The
word “Sponsor” may or may
not be used.
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Appendix 5 Persons Subject to Immigration Control Prescribed as Eligible for an
Allocation of Accommodation
Class of Applicant
Conditions of Eligibility
Reference
Person subject to immigration control granted
None
Class A
refugee status
Person subject to immigration control granted
ELR must not be subject to a
Class B
exceptional leave to remain (ELR)
condition requiring him/her to
maintain him/herself and any
dependants without recourse to
public funds.
Person subject to immigration control granted
Must be habitually resident in CTA
Class C
indefinite leave to remain (ILR)
And, if ILR was granted on
undertaking that a sponsor(s) would
be responsible for maintenance &
accommodation and 5 years has not
elapsed since date of entry to the
UK or the undertaking – then at
least one sponsor must have died
Person who left territory of Montserrat after 1
None
Class D
November 1995
An overseas student, where the
None
Class F
accommodation has been let by the Executive
to an education institution
A person who is already a secure tenant of
None
Class M
the Executive or a registered housing
association
A person who is owed a duty under Articles 8, None
Class N
10(2), 10(3) or 11(2) of the Housing (NI) Order
1988
Notes
CTA The Common Travel Area includes the UK, the Channel Islands; the Isle of Man and the Republic of Ireland
See Appendix 8 for EEA countries.
Persons subject to immigration control are not
lawfully present in the UK unless they have leave to enter or remain
in the UK. Asylum seekers are granted “temporary admission” and do not have leave to enter or remain
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Appendix 6 Persons Subject to Immigration Control Prescribed as Eligible for
Homelessness Assistance
Class of Applicant
Conditions of Eligibility
Reference
Person subject to immigration control granted
None
Class A
refugee status
Person subject to immigration control granted
Must not be subject to a condition
Class B
Discretionary Leave (or previously exceptional
requiring him/her to maintain
leave to remain (ELR) or Humanitarian protection
him/herself and any dependants
without recourse to public funds.
Person subject to immigration control granted
Must be habitually resident in CTA
Class C
indefinite leave to remain (ILR) (i.e. not subject to
any time limit or condition)
And, if ILR was granted on undertaking
that a sponsor(s) would be responsible
for maintenance & accommodation
and 5 years has not elapsed since
date of entry to the UK or the
undertaking – then at least one
sponsor must have died
Person who left territory of Montserrat after 1
None
Class D
November 1995
An asylum seeker who claimed asylum on arrival
None
Class Q
(other than on re-entry) in the UK from a country
outside the CTA on or before 2 April 2000 and
whose claim has not been decided other than on
appeal) or abandoned.
An asylum seeker who made a claim for asylum on
None
Class R
or before 4 February 1996 and was entitled to HB
on that date
An asylum seeker who was in NI when Home Sec
Class T
made a declaration that the country of which he is a
national was subject to fundamental change in
circumstances, who claimed asylum within 3
months of that declaration and whose claim has not
been decided (other than on appeal) or
abandoned.
Notes
CTA The Common Travel Area includes the UK, the Channel Islands; the Isle of Man and the Republic of Ireland
See Appendix 8 for EEA countries.
Persons subject to immigration control are not
lawfully present in the UK unless they have leave to enter or remain
in the UK. Asylum seekers are granted “temporary admission” and do not have leave to enter or remain
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Appendix 7 Classes of Person Who are Not Eligible for Accommodation and
Homelessness Assistance
Classes of Person Who are Subject to immigration Control and who are NOT eligible for an
Allocation of Accommodation
( i ) asylum seekers who claimed asylum on or after 3 April 2000;
( ii ) visitors to this country (including overseas students) who have limited leave to enter
or remain in the UK granted on the basis that they will not have recourse
to public funds;
( iii ) persons who have leave to enter or remain in the UK which carries some form of
limitation or condition (except where there is no prohibition on recourse to public
funds);
( iv ) persons who have leave to enter or to remain in the UK which carries no form of
limitation or condition but are not habitually resident in the Common Travel Area;
( v ) sponsored immigrants who have been in this country less than 5 years (from the date
of entry or the date of the sponsorship agreement, whichever is the later) and whose
sponsor(s) is still alive; and
( vi ) persons who are in the UK illegally, or who have overstayed their leave.
Classes of Person Who are Subject to immigration Control and who are NOT eligible for
Homelessness Assistance
All of the above and also including:
Persons with limited leave to enter or remain in the United Kingdom who are in receipt of income
support only because their remittances from abroad have been disrupted.
Classes of Person Who are NOT Subject to immigration Control and who are NOT eligible for an
Allocation of Accommodation or for assistance under the Homelessness Legislation
With certain exceptions, persons not habitually resident in the Common Travel Area (Note both
the allocation and homelessness regulations provide that a person shall not be treated as
habitually resident in the CTA if he does not have a right to reside in the CTA; and
Persons whose right to reside in the CTA is derived solely from certain European directives
(in broad terms these Directives apply to people who are not economically active and whose right
to reside is conditional on them being self-sufficient and not placing an unreasonable burden on
the social assistance system of the host State).
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Appendix 8 European Groupings (EU and EEA)
COUNTRIES WITHIN THE EUROPEAN UNION (EU)*
Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland,
France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg,
Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain,
Sweden, and the United Kingdom.
Note: Nationals of the eight Eastern European states which joined the EU on 1 May
2004 (Czech Republic,
Estonia,
Hungary, Latvia
, Lithuania,
Poland,
Slovakia and
Slovenia) and the two states which joined the EU on 1 January 2007 (Bulgaria and
Romania) have restricted access to benefits and social housing.
COUNTRIES WITHIN THE EUROPEAN ECONOMIC AREA (EEA)
All EU countries, plus Iceland, Norway and Liechtenstein.
SWITZERLAND
Although not an EEA country, Switzerland should be treated as such for the
purposes of this guidance (see the
Immigration (European Economic Area)
Regulations 2006 (S.I. 2006 No. 1003, regulation 2(1)).
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Appendix 9 How to Identify the Main Classes of Person Subject to Immigration
Control Eligible for Homelessness Assistance / Housing Allocation
REFUGEE STATUS
1.
A person granted refugee status has been recognised as a refugee in accordance with the
criteria set out in the 1951 United Nations Convention relating to the status of refugees and
granted asylum in the UK.
2.
A person granted refugee status will normally have been issued by the Home Office with an
Immigration Status Document and/or a letter (marked either GEN 22 or GEN 23 in the top
right-hand corner) validated by an Immigration and Nationality Directorate (“IND”) , Border
and Immigration Agency (“BIA”) or UK Border Agency date stamp.
A PERSON WHO HAS EXCEPTIONAL (DISCRETIONARY) LEAVE TO ENTER OR
REMAIN IN THE UK OR HUMANITARIAN PROTECTION
3.
Until 1 April 2003 exceptional leave to enter or remain in the UK could be granted to asylum
seekers who had been refused asylum (i.e. not given refugee status) and other persons
where there were compelling, compassionate circumstances which justified granting leave
to enter or remain on an exceptional basis outside the immigration rules. Since 1 April 2003
humanitarian protection status has replaced exceptional leave and, from 9 October 2006,
humanitarian protection has been brought within the immigration rules.
4.
Exceptional leave to enter or remain was sometimes granted initially for 12 months only,
and the person had the opportunity of seeking renewal for a further three years, prior to full
settled status being granted (i.e. indefinite leave to remain with no limitation or condition).
Persons holding such leave to enter or remain (even where this may be time limited) will be
eligible for homelessness assistance unless it is subject to a condition requiring them to
maintain and accommodate themselves (and their dependants) without recourse to public
funds.
5. Humanitarian protection is granted for periods of up to 3 years. Towards the end of this
period, protected persons/leave holders will have the opportunity to apply for further leave
to remain (if the application is made within relevant time limits, the original protection or
leave will continue to apply until a decision is made).
6.
Persons holding exceptional leave to enter or remain which is time-limited should not be
treated as persons holding limited leave to enter or remain in the UK (who will not be
eligible).
7.
Former asylum seekers granted exceptional leave to enter or remain will have been issued
with a letter (marked GEN 19 in the top right-hand comer) showing the date until which
leave to enter or remain has been granted. This letter will have been validated by an IND,
BIA or UK Border Agency date stamp.
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A PERSON WHO HAS CURRENT LEAVE TO ENTER OR REMAIN IN THE UK, WHICH IS
NOT SUBJECT TO ANY LIMITATION OR CONDITION
8.
Persons subject to immigration control who have permission to remain in the UK for an
indefinite period are regarded as having settled status within the meaning of the
immigration rules. Such persons are granted indefinite leave to remain and this will be
reflected by an endorsement to that effect in their passport, which will be accompanied by
an authenticating date stamp issued by IND, BIA or the UK Border Agency.
NATIONAL IDENTITY SCHEME
8A
The first phase of the National Identity Scheme has commenced with the introduction of
identity cards for foreign nationals (non EEA) who have been granted leave to remain in the
UK within certain categories, i.e. students and marriages / civil partnerships. These cards
are issued in addition to the person’s passport. It is anticipated that the scheme will be
extended in the future.
8B
Although it is not intended to be the only source of ID, the card can be presented as a
primary form of ID to prove the holder’s identity, nationality, and right to public funds and
right to work (or otherwise).
8C
The card can also be referred to as a ‘Residence Permit’ and will replace passport
endorsements known as “vignettes” (although vignettes will remain in circulation alongside
cards for the foreseeable future.
‘chip inside’ symbol
Unique card number (2 letters + 7
changes colour depending
Holder’s
Holder’s date and
H
o
Raised design incorporating
the four national flowers of
Holder’s
Biometr
Dynaprint: from one angle, the valid
until date and the letter ‘U’ are visible;
tilting the card replaces these with a
photograph of the holder and the letter
‘K’
CONFIRMATION OF STATUS
9.
If there is any doubt about an applicant's immigration status or the particular leave to enter
or remain in the UK which they hold, housing authorities should contact the UK Border
Agency using the procedures set out in Appendix 11.
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BRITISH SUBJECTS AND UK CITIZENS
10.
Where this Guidance refers to “UK citizens” and “UK nationals” the terms are
interchangeable. However, it should be noted that the British Nationality Act 1981 applies
the term “British subject” to the following description of persons:
(a) Persons who derive this status from a connection with the Republic of Ireland before
1949 and have claimed the right to remain British subjects, and
(b) Certain persons closely connected with the former British India who have not acquired
any alternative citizenship.
11.
British subjects are entitled to be registered as UK citizens, subject to their meeting a
number of residence requirements. While British subjects can hold a UK passport, only the
following descriptions of British subjects have right of abode in the UK:
(a) those with a parent born in the UK, and
(b) those who were married before 1 January 1983 to a UK citizen.
12.
For European Community purposes, only those British subjects with a right of abode are
classed as UK nationals and are thus entitled to free movement rights.
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Appendix 10 Asylum Seekers
Broadly speaking, an asylum seeker is a person claiming to have a well founded fear of
being persecuted for reasons of race, religion, nationality, membership of a particular social
group, or political opinion, and who is unable or unwilling to avail him or her self of the
protection of the authorities in his or her own country. A person becomes an asylum seeker
when his or her claim for asylum has been recorded by the Home Secretary, and he or she
remains an asylum seeker until such time as that application has been finally resolved
(including the resolution of any appeal). The recording, consideration and resolution of such
claims is a matter for the Home Office’s UK Border Agency (“the Agency”).
Asylum seekers who are persons subject to immigration control and whose claim for
asylum was made after 2 April 2000 are not eligible to be assisted under the homelessness
assistance or to be allocated a social housing tenancy. The Home Office has
arrangements in place for asylum seekers and such cases should be referred to the
Housing Executive’s Asylum Development Officer based in Belfast Area office.
However, certain asylum seekers whose claim for asylum was made before 3 April 2000
may be eligible for homelessness assistance. In such circumstances further advice should
be sought from the Asylum Development Officer, Belfast Area. Alternatively, if there is any
uncertainty about an applicant's immigration or asylum status, the designated officer should
contact the Agency, using the procedures set out in Appendix 11. Before doing so, the
applicant should be advised that an inquiry will be made: if at this stage the applicant
prefers to withdraw his or her application, no further action will be required.
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Appendix 11 How to Contact the UK Border Agency
1. The Home Office’s UK Border Agency (formerly the Border and Immigration Agency and
before that known as the Immigration and Nationality Directorate) will exchange information
with the Housing Executive subject to relevant data protection and disclosure policy
requirements being met and properly managed, provided that the information is required to
assist with the carrying out of statutory functions or the prevention and detection of fraud.
2
The Evidence and Enquiries Unit (EEU) will provide a service to the Housing Executive to
confirm the immigration status of an applicant from abroad (non Asylum Seekers). Before
doing so, the applicant should be advised that an inquiry will be made: if at this stage the
applicant prefers to withdraw his or her application no further action will be required.
3.
Staff throughout the Housing Executive have been identified as Designated Officers and
registered with the Evidence and Enquiries Unit to make enquiries (See attached list). It is
only these authorised staff who may make specific queries in relation to an Applicant. This
can only be done by letter or by fax and replies will be returned by post. Address: Evidence
and Enquiries Unit, UK Border Agency, 12th Floor, Lunar House, 40 Wellesley Road,
Croydon, CR9 2BY either by letter or fax (020 8196 3049).
4.
Designated Officers can make individual enquiries by letter or fax, but replies will be returned
by post.
5.
The EEU will not usually indicate that someone is an asylum seeker unless the applicant has
signed a disclaimer and it is attached to the enquiry or if the enquirer has specifically asked
about asylum.
6.
If a response indicates that an applicant has an outstanding asylum claim, or there are any
queries regarding an ongoing asylum case, staff should contact the Housing Executive’s
Asylum Development Officer based in Belfast Area Office.
7.
The UK Border Agency can only advise whether an EEA/foreign national has a right of
residence in the UK. The Agency does not decide whether an EEA/foreign national qualifies
for benefits or public housing.
8.
Alternatively, District staff may wish to contact staff in Housing Policy, HQ who can assist in
obtaining clarification for urgent or complicated queries.
HSS Guidance Manual Chapter 10. 9 Persons From Abroad Page 134 of 209
Northern Ireland Housing Executive
The following nominated officers are registered with the UK Border
Agency to make enquiries regarding the immigration status of an
applicant.
Name
Title
Office
Ms Dolore Ferran
Assistant Director Housing and
Housing and Regeneration
Regeneration
2nd floor
The Housing Centre
2 Adelaide Street
BELFAST BT2 8PB
Tel: 03448 920 900
Michael Conway
Principal Officer
Housing and Regeneration
Stephen Murphy
Principal Officer
Housing and Regeneration
John McManus
Assistant Principal Officer
Housing and Regeneration
Sean McGibbon
Principal Officer
Fiona Neilan
Principal Officer
Housing and Regeneration
Gerry Tolan
Assistant Principal officer
Housing and Regeneration
Jackie O’Kane
Senior Officer
Housing and Regeneration
Rosemary Hodgen
Senior Admin Officer
Housing and Regeneration
John McManus
Assistant Principal Officer
Housing and Regeneration
Mrs. Frances Gallagher
Head of Legal Services
Legal Department
Mr Greg Quigg
Solicitor
4th floor
Mr David Fleming
Solicitor
The Housing Centre
Mrs Sharon Kirk-Smyth
Solicitor
2 Adelaide Street
BELFAST BT2 8PB
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Name
Title
Office
Ian Mc Crickard
Regional Manager
Belfast Area Office
Liam Kinney
Principal Officer
32-36 Great Victoria
Joe Donnelly
Asylum Development Officer
Street
BELFAST BT2 7BA
03448 920 900
03403448 920 900 48 920
900
Des Marley
Homelessness Services Mgr
Homelessness Services
Joe Donnelly
Assistant Manager, ADU
Unit
Susan Gilbride
Assistant Manager, HSU
32-36 Great Victoria
Samantha O’Neill
Senior Housing Officer
Street
Kenny Kerr
Senior Housing Officer
Belfast BT2 7BA
Gareth McMeekin
Senior Housing Officer
Tel: 03448 920 900
Senior Housing Officer
Sharon Beattie
Area Manager West Belfast
32- 36 Great Victoria
Jean McKinney
Senior Housing Officer
Street,
Margaret Marley
Senior Housing Officer
Belfast BT2 7BA.
Tel: 03448 920 900
Carole Johnston
Area Manager South& East
South & East Belfast Area
Francis Brown
Belfast
32-36 Great Victoria
Brian Graham
Assistant Housing Services Mgr
Street
Pat Bates
Senior Housing Officer
Belfast, BT2 7BA
Senior Housing Officer
Tel: 03448 920 900
Malachy McKinney
Area Manager Belfast North
32-36 Great Victoria
Anne Cooke
Belfast
Street
Tracey Mc Cullough
Assistant Housing Services
Belfast BT2 7BA
Tommy Davidson
Manager
Tel: 03448 920 900
Pauline Beattie
Assistant Housing Services
Manager
Senior Housing Officer
Senior Housing Officer
Gordon Reilly
Housing Services Manager
The Shankill Wellbeing
Sheila Mallon
Senior Housing Officer
Centre
Karen Rankin
Assist Dist Manager
83 Shankill Road
BELFAST
BT13 1PD
Tel: 03448 920 900
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Name
Title
Office
Sharon Beattie
Area Manager West Belfast
32- 36 Great Victoria Street,
Jean McKinney
Senior Housing Officer
Belfast BT2 7BA.
Margaret Marley
Senior Housing Officer
Tel: 03448 920 900
Carole Johnston
Area Manager South& East
South & East Belfast Area
Francis Brown
Belfast
32-36 Great Victoria Street
Brian Graham
Assistant Housing Services Mgr
Belfast, BT2 7BA
Pat Bates
Senior Housing Officer
Tel: 03448 920 900
Senior Housing Officer
Malachy McKinney
Area Manager Belfast North
32-36 Great Victoria Street
Anne Cooke
Belfast
Belfast BT2 7BA
Tracey Mc Cullough
Assistant Housing Services Manager
Tel: 03448 920 900
Tommy Davidson
Assistant Housing Services Manager
Pauline Beattie
Senior Housing Officer
Senior Housing Officer
Gordon Reilly
Housing Services Manager
The Shankill Wellbeing Centre
Sheila Mallon
Senior Housing Officer
83 Shankill Road
Karen Rankin
Assist Dist Manager
BELFAST
BT13 1PD
Tel: 03448 920 900
Lorraine Campbell
Regional Manager South &
South East Area Office
John Nelson
South-East
Strangford House
Stephen Mc Burney
Principal Officer
28 Court Street
Homeless Officer
NEWTOWNARDS BT23 7NX
Owen Brady
Area Manager North Down &
Newtownards District Office
Tom Carroll
Ards Manager
2-32 Frederick Street
Cathy Slavin
Senior Housing Officer
NEWTOWNARDS BT23 4LR
Homeless Officer
Alison Methven
Housing Services Manager
Bangor District Office
Marion Crymble
Senior Housing Officer
2 Alfred Street
BANGOR BT20 5HD
Aengus Hannaway
A
rea Manager
Lisburn Antrim Street District
Sharon Hazley
Lisburn/Castlereagh
Office
Avril Shields
Assistant Housing Services Manager
29 Antrim Street
Sam Purdy
Senior Housing Officer
LISBURN
Senior Homeless Officer
BT28 1AU
Paul Carland
Housing Services Manager
Castlereagh District Office
James McBratney
Assistant Housing Services Manager
30 Church Road
Janet Lilburn
Senior Housing Officer
DUNDONALD BT16 0LN
Philip O Flaherty
Housing Services Manager
Lisburn Dairyfarm District
Maura Kerr
Senior Housing Officer
Office
Patricia Rice
Senior Housing Officer
Stewartstown Road
BELFAST BT17 0SB
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Name
Title
Office
Loma Wilson
Area Manager South Down(
Newry Office
Jan Sweeney
Newry & Downpatrick)
35-45 Boat Street
Joe Donnelly
Housing Services Manager
Newry BT34 2DB
Aileen McGuinness
Senior Housing Officer
Senior Housing Officer
Bernie Smyth
Senior Housing Officer
Downpatrick Office
Anne Millar
Senior Housing Officer
Downshire Civic Centre
DOWNPATRICK BT30 6RA
Lorraine Campbell
Regional Manager South& South
South Regional Office
Lawrence Peile
East
Marlborough House
Deirdre Wiggins
Principal Officer
Central Way
Regional Homeless Officer
Craigavon BT64 1AJ
Comghal McQuillan
Area Manager
Lurgan District Office, 122
(Craigavon/Armagh/ Banbridge)
Hill St, Lurgan
John McAleavey
Assistant Housing Services Manager
Lurgan District Office,
Paula McQuillan
Senior Housing Officer
122 Hill Street, Lurgan BT66
6BH
Mark Ingham
Assistant Housing Services Manager
Portadown D.O.
Melvin Spiers
Senior Housing Officer
41 Thomas Street, Portadown
BT62 3AF
Judith McNamee
Assistant Housing Services Manager
Banbridge D.O.
Siobhan Cunningham
Senior Housing Officer
56 Bridge St, Banbridge BT32
3JL
Owen McDonnell
Assistant Housing Services Manager
Armagh D.O.
Janet Agnew
Senior Housing Officer
48 Dobbin St, Armagh BT61
7BR
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Name
Title
Office
Frank O’Connor
Regional Manager North & West
North Area Office
Leslie Telford
Principal Officer
Twickenham House
June Ross
Area Homeless Officer
Mount Street
Mairead Myles
Area Services Manager East
BALLYMENA BT43
Davey
(Ballymena.Magherafelt Larne Carrickfergus)
6BP
Ivan Armstrong
South West Area Manager
(Oonagh
(Omagh/Fermanagh/Dungannon/Cookstown)
McAvinney)
Jackie O’Neill
Senior Housing Officer
Omagh District
Catherine Friel
Senior Housing Officer
Office, MacAllister
House
Woodside Ave,
Mountjoy Rd, Omagh
BT79 7BP
Oonagh
Housing Services Manager
Fermanagh D.O
McAvinney
Senior Housing Officer
Riverview House,
Helen Hicks
Head St, Enniskillen
BT74 7DB
Denise McNally
Assistant Housing Services Manager
Dungannon D.O
Jim Kennedy
Senior Housing Officer
Ballygawley Rd,
Dungannon BT70
1AT
Margaret Bradley
Assistant Housing Services Manager
Deirdre
Senior Housing Officer
Cookstown D.O
McCaughey
Senior Housing Officer
15 Morgan’s Hill
Siobhan McKeown
Road, Cookstown
BT80 8HA
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Name
Title
Office
Mairead Myles-
Housing Services Manager East
Ballymena District Office
Davey
Assistant Housing Services Manager
Twickenham House
John McMaster
Senior Housing Officer
Mount Street
Lorraine Wilson
BALLYMENA BT43 6BP
Mairead Myles
Area Services Manager East
Davey
(Ballymena.Magherafelt Larne
Carrickfergus)
Eric Woods
Housing Services Manager East
Ballymena District Office
John McMaster
Assistant Housing Services Manager
Twickenham House
Lorraine Wilson
Senior Housing Officer
Mount Street
BALLYMENA BT43 6BP
Eric Woods
Housing Services Manager East
Magherafelt District Office
Margaret Kelly
Senior Housing Officer
3 Ballyronan Road
MAGHERAFELT BT45 6BP
Eric Woods
Housing Services Manager
Larne District Office
Kim Cleland
Assist Housing Services Manager Senior
Sir Thomas Dixon Buildings
Letitia Edwards
Housing Officer
47 Victoria Road
LARNE BT40 1RU
Philip Wightman
Assistant Housing Services Manager
Carrickfergus District Office
Ann Glenn
Senior Housing Officer
19 High Street
CARRICKFERGUS BT38
7AN
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Name
Title
Office
Mark Alexander
A
rea Manager Causeway (Coleraine,
Ballymoney, Limavady Ballycastle)
Michael Dallat
Housing Services Manager
Causeway Area
Dominic Bennett
Acting Assistant Housing Services
Coleraine Office
Andree Tweed
Manager
19 Abbey Street
Senior Housing Officer
COLERAINE BT52 1DU
Brendan Doherty
Assist Housing Services Manager
Ballymoney District Office
Fraser Cathcart
Senior Housing Officer
50-54 Main Street
BALLYMONEY BT53 6AL
Pamela Mullan,
Assistant Housing Services Manager
Limavady District Office
Martina Forrest,
Acting Senior Housing Officer
33 Catherine Street
Hilary Canning.
Housing Officer
LIMAVADY BT49 9DA
Ballycastle District Office
Richard Starrs
Assist Housing Services Manager
Fleming House, Coleraine Road
BALLYCASTLE BT54 6EY
Sharon Crooks
Area Services Manager South Antrim
(Antrim N’Abbey1&2)
Sharon Crooks
Area Services Manager South Antrim
Newtownabbey 1 District Office
(Antrim N’Abbey1&2)
Rantalard House, Rathcoole
Sandra Garvey
Assist Housing Services Manager
Drive, Rathcoole
Sandra Denmark
Senior Housing Officer
NEWTOWNABBEY BT37
Brendan Adams
Housing Services Manager
48 High Street
Geraldine Haire
Assistant Housing Services Manager
ANTRIM BT41 4AN
Mark Spence
Senior Housing Officer
Newtownabbey 2 District Office
Liz Cunningham
Assist Housing Services Manager
2 Ballyearl Drive, New Mossley
Diane Greer
Senior Housing Officer
NEWTOWNABBEY BT36 5XJ
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Name
Title
Office
FrankO’Connor
Regional Manager North & West
West Area Office
Richmond Chambers
Eddie Doherty
Housing Services Manager West
The Diamond
Eamon
Area Homeless Officer
LONDONDERRY BT48 6QP
McGlinchey
Avril McAllister
Area Manager West (Waterloo,
Waterside District Office
(Michael Dallat)
Waterside Collon Tce& Strabane)
2 Glendermott Road, Waterside
LONDONDERRY BT47 1AU
Waterside District Office
2 Glendermott Road, Waterside
Joanna O’Boyce
Assistant Housing Services Manager
LONDONDERRY BT47 1AU
Marie Callan
Senior Housing Officer
Gerry Mc Auley
Assist Housing Services Manager
Waterloo Place District Office
Ulster Bank Buildings, Waterloo
Sheila Butler
Senior Housing Manager
Place
LONDONDERRY BT48 6BS
Michael Doyle
Assistant Housing Services Manager
Collon Terrace District Office
Paul Devine
Acting Senior Housing Officer
14 Collon Terrace
LONDONDERRY BT48 7QP
Noel Mc Nulty
Assist Housing Services Manager
Strabane District Office
Declan Graham
Senior Housing Officer
PO BOX 11, 48 Railway Road
STRABANE BT82 8EH
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Appendix 12 Public Funds
A condition may be attached to limited leave to enter or remain given to a person from
abroad that the person concerned must not have recourse to public funds. This phrase is
specifically, and exhaustively, defined in para 6 of the Immigration Rules as amended. The
practice has been introduced of placing an endorsement to that effect in a person’s
passport where appropriate.
A person can only be subject to the condition that they do not have recourse to public funds
on their stay in the U.K. if they are subject to immigration control as this is a requirement
imposed by regulations that have no application to people who have a right of abode or
right to reside. A condition attached to a person’s leave to enter or remain prohibiting
recourse to public funds only applies if that leave is for a limited period. No immigration
conditions can be attached to indefinite leave to enter or remain, although a person who
has indefinite leave is not always eligible for housing.
Public funds' include a range of income-related benefits, together with housing and
homelessness support. The full list is as follows:
• income-based jobseeker's allowance
• income support
• child tax credit
• working tax credit
• a social fund payment
• child benefit
• housing benefit
• council tax benefit
• state pension credit
• attendance allowance severe disablement allowance
• carer's allowance
• disability living allowance
• an allocation of local authority housing
• local authority homelessness assistance
Only the forms of support listed above count as public funds – and include non-contributory
benefits, tax credits, and housing and homelessness assistance. Public funds do not
include the benefits based on National Insurance contributions, such as:
• contribution-based jobseeker's allowance
• incapacity benefit
• retirement pension
• widows benefit and bereavement benefit
• guardian's allowance
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• statutory maternity pay
Note: Access to healthcare and education also do not count as public funds - although an
applicant’s immigration status may affect whether they are eligible for them.
Cases where money from public funds is being received by an individual's partner do not
count as "recourse to public funds" - for example, where child benefit is being received by a
British citizen married to an individual subject to immigration control. In such cases, the
individual receiving the money is entitled to do so. Their partner's immigration status makes
no difference to this.
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Appendix 13 Habitual Residence Test
WHO THE HABITUAL RESIDENCE TEST APPLIES TO
1.
The regulations provide that some classes of applicant will be eligible for homelessness
assistance subject to their being “habitually resident” in the Common Travel Area (CTA).
However, in practice, when considering applications from persons who are subject to the
habitual residence test (HRT) it is only necessary to investigate habitual residence if the
applicant has arrived or returned to live in the UK during the two year period prior to making
the application.
2.
A person can satisfy the HRT if they are habitually resident in the CTA. The CTA
comprises:
• the UK,
• the Channel Islands,
• the Isle of Man, and
• the Republic of Ireland.
WHO THE HABITUAL RESIDENCE TEST DOES NOT APPLY TO
3.
The HRT does not apply to:
• the applicant's partner
• dependent children, or
• young persons who are part of the applicant's family.
RESIDENTS FROM ZIMBABWE
The Allocation of Housing and Homelessness (Eligibility) Regulations (NI) 2006 have been
amended with effect from 18 May 2009 to exempt persons returning from Zimbabwe under
the UK Government’s resettlement scheme from the HRT.
A person not subject to immigration control who is not habitually resident, and who:
• Arrived in the United Kingdom on or after 28th February 2009 but before 18th March
2011;
• Immediately before arriving in the United Kingdom had been resident in Zimbabwe; and
• Before leaving Zimbabwe had accepted an offer made by HM Government to assist
that person to settle in the United Kingdom,
will be eligible for an allocation of housing accommodation or homelessness assistance in
Northern Ireland.
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GENERAL PRINCIPLES
4.
When deciding whether a person is habitually resident in a place, consideration must be
given to all the facts of each case in a common sense way. It should be remembered that:
• the test focuses on the fact and nature of residence;
• a person who is not resident somewhere cannot be habitually resident there. Residence
is a more settled state than a mere physical presence in a country. To be “resident”, a
person must be seen to be making a home. It need not be the person’s only home, or
even a permanent home, but it must be a genuine home for the time being (for
example, a person visiting the UK for the purpose of receiving short-term medical
treatment is not resident);
• the most important factors for habitual residence are length, continuity and general
nature of actual residence rather than intention;
• considering the practicality of a person’s arrangements for residence is a necessary
part of deciding whether it can be described as “settled” and “habitual”;
• established habitual residents who have periods of temporary or occasional absence of
long or short duration may still be habitually resident during such absences.
ACTION ON RECEIPT OF AN APPLICATION
5.
If it appears that the applicant came to live in the UK in the last two years, the
Executive should make further enquiries to decide if the applicant is habitually resident, or
can be treated as such.
Factors to consider
6.
It is important to consider the applicant's stated reasons and intentions for coming to the
UK. If the applicant's stated intention is to live in the UK, and not return to the country from
which they came, that intention must be consistent with their actions.
7.
To decide whether an applicant is habitually resident in the UK, the Executive should
consider the factors set out below. However, these do not provide an exhaustive checklist
of the questions or factors that need to be considered. Further enquiries may be needed.
The circumstances of each case will dictate what information is needed, and all relevant
factors should be taken into account.
Why has the applicant come to the UK?
8.
If applicant is returning to the UK after a period spent abroad, and it can be established
that the applicant was previously habitually resident in the UK and is returning to resume
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his or her former period of habitual residence
, he or she is will be immediately
habitually resident.
9.
In determining whether an applicant is returning to resume a former period of habitual
residence, the Executive should consider
• when did the applicant leave the UK?
• how long did the applicant live in the UK before leaving?
• why did the applicant leave the UK?
• how long did the applicant intend to remain abroad?
• why did the applicant return?
• did the applicant’s partner and children, if any, also leave the UK?
• did the applicant keep accommodation in the UK?
• if the applicant owned property, was it let, and was the lease timed to coincide with the
applicant's return to the UK?
• what links did the applicant keep with the UK?
• have there been other brief absences? (If yes, obtain details)
• why has the applicant come to the UK?
10.
If the applicant has arrived in the UK within the previous two years and is not resuming a
period of habitual residence, consideration should be given to his reasons for coming to the
UK, and in particular to the factors set out below.
Joining family or friends
11.
If the applicant has come to the UK to join or rejoin family or friends, consider:
• has the applicant sold or given up any property abroad?
• has the applicant bought or rented accommodation or is he or she staying with friends?
• is the move to the UK intended to be permanent?
Applicant's plans
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12.
Consider the applicant's plans, i.e.:
• if the applicant plans to remain in the UK, is the applicant’s stated plan consistent with
his or her actions?
• were any arrangements made for employment and accommodation (even if
unsuccessful) before the applicant arrived in the UK?
• did the applicant buy a one-way ticket?
• did the applicant bring all his or her belongings?
• is there any evidence of links with the UK, e.g. membership of clubs?
13.
The fact that a person may intend to live in the UK for the foreseeable future does not, of
itself, mean that habitual residence has been established. However, the applicant's
intentions along with other factors, for example the purchase of a home in the UK and the
disposal of property abroad may indicate that the applicant is habitually resident in the UK.
14,
An applicant who intends to reside in the UK for only a short period, for example on holiday,
to visit friends or for medical treatment, is unlikely to be habitually resident in the UK.
Length of residence in another country
15.
The Executive should consider the length and continuity of an applicant's residence in
another country:
• how long did the applicant live in the previous country?
• does the applicant have any remaining ties with his or her former country of residence?
• has the applicant stayed in different countries outside the UK?
16.
It is possible that a person may own a property abroad but still be habitually resident in the
UK. A person who has a home or close family in another country would normally retain
habitual residence in that country. A person who has previously lived in several different
countries but has now moved permanently to the UK may be habitually resident here.
Centre of interest
17.
An applicant is likely to be habitually resident in the CTA, despite spending time abroad, if
his or her centre of interest is located in the CTA.
18.
People who maintain their centre of interest in the CTA, for example a home, a job, friends,
membership of clubs, are likely to be habitually resident there. People who have retained
their centre of interest in another country and have no particular ties with the CTA are
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unlikely to be habitually resident in the CTA.
19.
The Executive should take the following into account when deciding the centre of
interest:
• home;
• family ties;
• club memberships;
• finance accounts.
20.
If the centre of interest appears to be in the CTA but the applicant has a home abroad,
consider the applicant's intentions regarding the property.
21,
In certain cultures, e.g. some Asian cultures, it is quite common for a person to have
property abroad, which they do not intend to sell. Where such a person has lived in the
CTA for many years, the fact that they have property elsewhere does not necessarily mean
that they intend to leave, or that their centre of interest is elsewhere.
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Appendix 14 Workers Registration Scheme
Introduction
1.
On 1 May 2004, 10 countries became Member States of the EU: Cyprus, Malta, Poland,
Lithuania, Estonia, Latvia, Slovenia, Slovakia, Hungary and the Czech Republic.
2.
Nationals of all these countries have the right to move freely among all member states.
Nationals of 2 of the Accession countries-Malta and Cyprus-enjoyed full EU Treaty Rights
from 1 May 2004. These include the right to seek work and take up employment in another
Member State.
3.
However, under the EU Accession Treaties that apply to the other 8 Accession States (“the
A8 Member States”), existing Member States can impose limitations on the rights of
nationals of the A8 Member States to access their labour markets (and the associated
rights of residence), for a transitional period. (The EU Accession Treaties do not allow
existing member States to restrict access to their labour markets by nationals of Malta or
Cyprus.)
4.
Under the Accession (Immigration and Worker Registration) regulations 2004 (SI
2004/1219) as amended (“the Accession regulations”), nationals of the A8 Member States
(with certain exceptions) are required to register with the Home Office if they work in the UK
during the transitional period. While looking for work (or between jobs) their right to reside
will be conditional on them being self-sufficient and not imposing an unreasonable burden
on the UK social assistance system. These conditions cease to apply once they have
worked in the UK continuously for 12 months.
The Accession Registration
5.
The Accession
Regulations provide that, from 1 May 2004, nationals of the A8 Member
States can take up employment in the UK provided they are authorised to work for their
employer under the Worker Registration Scheme (see paragraph 7).
6.
The Accession Regulations also give workers from the A8 Member States the right to
reside in the UK. Workers from the A8 Member States who are working lawfully have the
same right to equal treatment as other EEA workers while they are working.
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The Worker Registration Scheme (WRS)
7.
The Worker Registration Scheme (WRS) applies only to nationals of Poland, Lithuania,
Estonia, Latvia, Slovenia, Slovakia, Hungary and the Czech Republic (the A8 Member
States). It is a transitional Scheme under which the UK Government allows nationals of the
A8 Member States access to the UK labour market provided they comply with the terms of
the Scheme.
8.
The derogation from EU law allowed by the Treaties of Accession does not apply to
nationals of existing EEA states. Workers from those states therefore have an EC right to
work and reside in the UK.
9.
As mentioned above, the WRS is a transitional measure. The Accession Regulations
provide for the Registration Scheme to operate for up to five years from 1 May 2004 (i.e.
until 30 April 2009). The Government reviewed the Scheme within its first two years of
operation and decided that the Scheme would continue beyond 1 May 2006. The need to
retain the Scheme during the whole of the second phase will be kept under review.
10.
Nationals of the A8 Member States who are self-employed are not required to register.
(Under the Accession Treaties, there is no derogation from the right of EU citizens to
establish themselves in another Member State (including the UK) as self-employed
persons.) However, nationals of A8 Member States who are self-employed cannot take
paid employment unless they register (unless they are exempt from registration – see
below).
Registration under the Scheme
11.
Nationals of A8 Member States (except those who are exempt from registration – see
below) must apply to register with the Home Office as soon as they start work in the UK,
and within one month of taking up employment at the very latest. They will be issued with
a
worker registration card and a
worker registration certificate authorising them to work
for the employer concerned.
12.
If they change employers they will have to apply to for a new registration certificate
authorising them to work for their new employer. They will then be provided with a new
worker registration certificate for that employer. If they change employer or have a break in
employment and resume working for the same employer, they must apply for a new
registration certificate.
13.
Workers from the A8 Member States have the same right to equal treatment as other EEA
workers while they are working.
14.
After 12 months registered uninterrupted work in the UK, a worker from an A8 Member
State will acquire full EU Treaty rights, and will be free from the requirement to register to
work. At that stage, they will be able to apply to the Home Office for an EEA residence
permit to confirm their right to equal treatment on the same basis as other EEA nationals.
15.
The Worker Registration Team issues applicants with a secure
worker registration card
containing:
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−
Name;
−
Date of Birth;
−
Nationality;
−
Date of issue;
−
Unique identification number;
−
a facial identifier (photograph);
and
a
certificate (on secure paper), which states:
−
Worker's name;
−
Worker’s date of birth;
−
Nationality;
−
Worker's unique identification number;
−
Name and address (head or main office) of employer
−
Job title;
−
Start date;
−
Date of issue.
16.
The
registration card is a secure document that provides applicants with a unique
identification reference number. This is valid for as long as the applicant requires
registration under the scheme.
17.
The
registration certificate is specific to a particular employer. The certificate expires as
soon as the person stops working for that employer. If the person changes employers or
has a break in employment and resumes working for the same employer, he or she must
apply for a new registration certificate.
18.
A worker form an A8 Member State (who is subject to the registration scheme) must not be
out of work for more than a total of 30 days in a 12-month period, in order to establish 12
months uninterrupted work.
19.
If a national of an A8 Member State has worked for a period of less than 12 months when
the employment comes to an end, he will need to find another job within 30 days to be able
to count the first period of work towards accruing a period of 12 months uninterrupted
employment.
20.
If the worker’s second (or subsequent) employment comes to an end before he or she has
accrued a period of 12 months uninterrupted employment, he must ensure that there has
been no more than a total of 30 days between all the periods of employment. If more than
30 days between periods of employment occur before a 12 month period of uninterrupted
employment is established, a fresh period of 12 months uninterrupted employment would
need to commence from that point.
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21.
The WRS is based on continuity of employment- there is no restriction on the number of
different jobs (or employers) that a worker can have during a 12-month period of continuous
employment.
22.
When an A8 Member State worker has worked for 12 months without interruption he can
apply to the Home Office for an EEA residence permit. Evidence of 12 months
uninterrupted employment would include the worker registration card, worker registration
certificates for each of the jobs they have undertaken, letters form employers and pay slips.
A8 nationals who must register
23.
The WRS applies to nationals of the following accession states: Poland, Lithuania, Estonia,
Latvia, Slovenia, Slovakia, Hungary and the Czech Republic.
24.
Nationals of A8 Member States need to apply for a worker registration certificate under the
worker registration scheme, if they are citizens of one of the countries listed above and
they:
• Start a new job on or after 1 May 2004;
• Have been working in the UK before 1 May 2004 without authorisation or on breach of
their immigration conditions;
• Are working on a short-term or temporary basis; or
• Are a student who is also working
A8 nationals exempt from registration
25.
The following are categories of nationals of an A8 Member State who are not required to
register under the WRS:
• Those working in a self-employed capacity;
• Those who are providing services in the UK on behalf of an employer who is not
established in the UK;
• Those who are a family member (spouse, civil partner, or child under the age of 21 or
dependant) of a Swiss or EEA national (other than an A8 national) who is working in the
UK;
• Those who are a family member (spouse, civil partner, or dependant child) of a Swiss
or EEA national who is in the UK and is a student, self-employed, retired or self-
sufficient.
WORKER AUTHORISATION SCHEME
26.
On 1 January 2007 a further 2 countries (Bulgaria and Romania - “the A2 countries”)
became Member States of the EU. Nationals of the A-2 countries have only restricted
access to the UK labour market and to benefits and social housing.
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27.
After 31 December 2006 Bulgarian and Romanian nationals can travel freely throughout the
EU provided they are in possession of a valid EU travel document.
28.
The
Accession (Immigration and Worker Authorisation) Regulations 2006 (“the
Authorisation Regulations”) provide that A-2 nationals can take up employment in the UK
provided they are authorised to work for their employer under the new Workers
Authorisation Scheme.
29.
Low-skilled workers will be restricted to those sectors of the economy where the UK already
has low-skilled schemes and will be subject to a strict quota which will not exceed 20,000
workers per year. A2 workers on these schemes will have rights to work limited to six
months that will not give them access to benefits and public housing. There will be no net
increase in these existing schemes and workers will be required to have an authorisation
document.
30.
Skilled workers with the right qualifications and experience will continue to be allowed to
come to the UK on work permits to take up specific jobs where no suitable UK applicants
can be found. Those with particularly high levels of skills and experience will continue to be
admitted as they are now under the Highly Skilled Migrants Programme.
31.
Students will continue to be allowed to study in the UK and to seek part-time employment
during their stay but will need a work authorisation document to do so.
32.
The self-employed will continue to be able to work here, but must be able to prove they are
genuinely self-employed
33.
These new arrangements will be reviewed within 12 months of their commencement and
the Government’s new Migration Advisory Committee will assist in this process, taking
account of the needs of the labour market, the impact of the A8 accession and the positions
adopted by other EU countries.
34.
The Worker Registration Scheme (WRS) will continue to apply to nationals of the A8
countries. The WRS will not apply to Bulgarian and Romanian nationals.
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Appendix 15 A8 Worker Registration Eligibility Flowchart
First month of employment
Employment is authorised during this initial
month:
• The worker is exempt from the HRT
immediately, even if s/he has not yet applied
for registration and eligible for H/H.
• The worker is exempt from the HRT and
eligible for H/H if s/he has applied for
registration and is waiting for the registration
Employed for more than one month – no
card and certificate to come through.
certificate
• The worker is exempt from the HRT and eligible for
H/H if s/he applied for registration
before the end
of the first month and is waiting for the
registration card and certificate to come through –
the employment remains authorised.
• The worker is not exempt from the HRT and not
eligible for H/H if s/he failed to apply for registration
within one month
and s/he has not yet received a
certificate, even if s/he has now applied and is
waiting for the certificate – the employment is no
longer authorised.
Certificate Issued
• The worker is exempt from the HRT and eligible
for H/H if s/he has a registration certificate for the
current job
irrespective of when s/he applied
for the certificate – the employment is
authorised.
Twelve months registered employment
After twelve months in registered employment
(subject to breaks of less than 30 days
cumulative total) the worker is no longer
required to register and is exempt from the HRT
in the same way as an EEA 18 worker.
NOTE: If the worker failed to apply for registration within the first month of employment,
s/he will only complete 12 months’
registered employment 12 months after
becoming
registered.
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Appendix 16 Example of a Worker Registration Scheme Card
D
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Appendix 17 Example of a Worker Registration Certificate
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Appendix 18 Eligibility - Bulgarian and Romanian Nationals
1.
INTRODUCTION
This guidance note outlines the rules relating to the eligibility of Romanian and
Bulgarian nationals for an allocation of housing accommodation and
homelessness assistance.
2.
BACKGROUND
On 1 January 2007 a further 2 countries, Bulgaria and Romania- the “A2”
countries, became Member States of the EU. As persons subject to immigration
control, A2 nationals required visas to enter the UK up until midnight on 31
December 2006. Since 1st January 2007, as EEA citizens, they have the right to
travel freely throughout the EU and to reside for up to 3 months following arrival.
If A2 nationals want to live in a member state for longer than 3 months, they
need to exercise a treaty right as a student; as a self-employed person; as a self-
sufficient person; or as a worker. However, nationals of the A2 countries have
only restricted access to the UK labour market and to benefits and social
housing. These special rules apply until 31st December 2011 and the new
arrangements will be reviewed within 12 months of their commencement. The
Government’s new Migration Advisory Committee will assist in this process,
taking account of the needs of the labour market, the impact of the A8 accession
and the positions adopted by other EU countries.
In Northern Ireland the Allocation of Housing and Homelessness (Eligibility)
(Amendment) Regulations (Northern Ireland) 2007 came into operation on 1 March
2007. These Regulations take account of these transitional measures to enable
the Housing Executive to allocate tenancies to nationals of Bulgaria and Romania
who are “authorised workers”, and to assist such persons under the homelessness
legislation where necessary.
3.
WORKER AUTHORISATION SCHEME
The Home Office has introduced a new work permit scheme which limits the
number of A2 nationals allowed to work in the UK. This scheme is known as the
Worker Authorisation Scheme. Workers can take up employment in the UK
provided they are authorised to work for their employer under the new Workers
Authorisation Scheme (WAS) or that they are exempt from the need to have
worker authorisation (these exempt categories are set out in section 4.).
The Workers Registration Scheme WRS will continue to apply to nationals of the
A8 countries. The WRS will not apply to Bulgarian and Romanian nationals.
Broadly speaking, the restrictions on employed work for Bulgarian and Romanian
nationals are as follows:
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•
Low-skilled workers will be restricted to those sectors of the economy where
the UK already has low-skilled schemes and will be subject to a strict quota
which will not exceed 20,000 workers per year. A2 workers coming to undertake
approved seasonal agricultural work and employment in the food processing
sector on these schemes will be required to have an authorisation document.
•
Skilled and Highly skilled workers. Skilled workers with the relevant
qualifications and experience will continue to be allowed to come to the UK on
work permits to take up specific jobs where no suitable UK applicants can be
found. Those with particularly high levels of skills and experience will continue to
be admitted as they are now under the Highly Skilled Migrants Programme.
•
Students will continue to be allowed to study in the UK and to seek part-time
employment during their stay but will need a work authorisation document to do
so. However, a student working up to 20 hours a week may be regarded as in
employment only ancillary to his or her main purpose of residence and not as
such a worker. If a student can support himself or herself and any family
members, (which includes a requirement to have comprehensive sickness
insurance cover in the UK) he or she may be eligible for housing, having a right
to reside as a student, provided he or she is habitually resident.
In all cases, the Home Office will decide who qualifies for a worker
authorisation document.
4.
PERSONS EXEMPT FROM A REQUIREMENT TO OBTAIN AN ACCESSION
WORKER CARD
In most cases a Romanian or Bulgarian person will need authorisation before
starting work in the UK. Some people are exempt from worker authorisation.
The circumstances in which a Romanian and Bulgarian national working in the
UK is exempt from authorisation are as follows:
(1)
Those with permission with leave to enter or remain in the UK under the 1971
Immigration Act and that leave is not subject to any condition restricting his
employment.
(2)
Those legally working in the UK on 31st December 2006 who have been
legally working in the UK without interruption throughout the period of 12
months ending on that date.
(3)
Those who are legally working in the UK without interruption for a period of 12
months falling partly or wholly after 31st December 2006 shall cease to be an
accession state national subject to worker authorisation at the end of that
period of 12 months.
(4)
Where he/she is also a national of-
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a) The UK; or
b) An EEA state, other than Bulgaria or Romania.
(5)
Where he/she is the spouse or civil partner of a national of the UK or of a
person settled in the UK.
(6)
Those who have a permanent right of residence under regulation 15 of the
2006 Regulations.
(7)
Those who are a family member of an EEA national who has a right to reside
in the UK under the 2006 Regulations, unless that EEA national is-
a) An accession state national subject to worker authorisation;
or
b) A student who is not an accession state national subject to worker
authorisation solely by virtue of falling within paragraph (9).
(8)
Those who are a highly skilled person and hold a registration certificate that
includes a statement that they have unconditional access to the UK labour
market. (See section 8.)
(9)
Students who intend to work less that 20 hours a week and hold a registration
certificate that includes a statement that he/she is a student who has access
to the UK labour market for 20 hours a week. (See section 14.)
(10)
A national of Bulgaria or Romania is not subject to worker authorisation
during any period in which he is a posted worker. A “posted worker” means a
person whose employer is not established in the UK but in some other EEA
state and who works for that employer in the UK for the purpose of providing
services on his employer’s behalf.
Where a Romanian or Bulgarian national is working in the above
circumstances, he or she is in most cases a qualifying person and eligible
for housing and homelessness assistance. His or her family members
would then also be eligible.
5.
REGISTRATION CERTIFICATES
Those people who are exempt from the requirement to obtain an accession
worker card if they intend to take up employment in the UK, will be able to obtain
a blue registration certificate confirming their status post accession if required.
Persons working for twelve months or more lawfully can obtain a registration
certificate confirming unrestricted right to access UK labour market.
6.
WORKER AUTHORISATION DOCUMENT
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Workers who are not exempt from the requirement to seek permission to work
will need to hold an Accession Work Card or a Seasonal Agricultural Workers
Scheme (SAWS) work card in order to be legally employed in the UK.
An accession work card will be issued in respect of a specific job with a specific
employer, provided that relevant qualifying criteria are met. Employment cannot
commence prior to the accession work card being issued. If the holder of an
accession work card wishes to change employment, they will need to obtain a
new accession work card for that employment.
Accession worker cards will also be issued for:
•
Skilled jobs that meet the criteria that had been used for the issue of a work
permit; and
•
Lower skilled jobs in the food processing sector.
7.
A2 WORK SEEKERS
A Bulgarian or Romanian national who does not fall within any of the exemptions
and who is currently subject to the requirement of worker authorisation does not
have an extended right to reside as a work seeker.
A2 nationals who have come to the UK to look for work will not have work seeker
status unless they have unrestricted access to the UK labour market as highly
skilled migrants or A2 nationals not subject to restrictions. This means that
economically inactive A2 nationals must be self-sufficient while they look for work
and are unlikely to be eligible for housing or homelessness assistance or entitled
to income-based Jobseeker’s Allowance or Housing Benefit.
A Bulgarian or Romanian national who is not exempt from worker authorisation is
only entitled to reside in the UK as a worker during the periods in which he or she
holds an accession worker authorisation document and is working in accordance
with the conditions set out in that document. He or she will then be a qualifying
person with the right to reside. This means that he or she (and his or her family)
will be eligible for housing on that basis. However, it is important to note that
such a person does not continue to be treated as a worker during periods of
unemployment.
8.
HIGHLY SKILLED WORKERS
A2 nationals who are highly skilled migrants have unrestricted access to the UK
labour market. Highly skilled migrants are treated as full EEA nationals. If they
are job seekers looking for work they will have a right to reside but will need to
show that they are habitually resident.
Highly skilled A2 nationals will need to provide the following documents to
confirm their status:
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• valid passport, or
• ID card, and
• a blue registration certificate annotated to state that they have full access to
the UK labour market.
9.
SKILLED WORKERS
Skilled workers who are not exempt from the WAS are allowed to work in the UK
once they have been authorised by the Home Office to work for a particular
employer. The employer will have to show that there is a skill shortage and that
there is nobody else to do the job. While they are working they are exempt from
the habitual residence test. If they stop working before completing 12 months
authorised employment they will no longer have a right to reside as a worker.
If skilled migrants are temporarily sick or incapacitated they will retain their
worker status if they are still employed, so are exempt from the habitual
residence test. However, if they leave their job as a result of sickness or
incapacity they will lose their right to reside as a worker and will be unlikely to be
eligible for housing or homelessness assistance or any income-related benefits.
Skilled migrants will need to produce the following documents to prove that they
are working legally in the UK
• valid passport, or
• ID card, and
• a purple accession work card
10. SKILLED WORKERS – POST 12 MONTHS
Once a skilled worker has accessed the labour market for 12 months they will
gain full EEA worker status and will no longer need permission to work in the UK.
They will, on request, be issued with a blue registration certificate annotated to
show that they have unrestricted access to the UK labour market. If they become
unemployed they will retain their worker status in circumstances in which other
full EEA workers can retain that status. They may be entitled to income-based
Jobseeker’s Allowance and Housing Benefit. They are exempt from the habitual
residence test if they have retained their worker status.
Skilled migrants will need to produce the following documents to prove that they
have legally worked in the UK for 12 months
• valid passport, or
• ID card, and
• Blue registration certificate
11. LOW SKILLED WORKERS
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A2 nationals who are not exempt from the WAS and who wish to work under the
sector based scheme in food processing or under SAWS (see Annex A
for a list
of the nine SAWS operatives) will need to apply for permission to work before
starting work.
A2 nationals employed under SAWS will only be allowed to work for six months
at a time and must have a break of three months between employment spells
under SAWS. During this break they will be allowed to stay in the UK if they are
self-sufficient but will not be eligible for housing and homelessness assistance or
entitled to claim any income-related benefits as they will lose their EEA worker
status.
A2 nationals who are not exempt from the WAS and who are employed in food
processing will be allowed to work for up to 12 months for one employer. They
can also change employers subject to Home Office approval during this period
but are not required to have a break between employment spells.
While they are working legally, low skilled A2 nationals will be eligible for housing
and homelessness assistance. They are exempt from the habitual residence test
while they are working and must produce the following documents to confirm
their status:
• valid passport, or
• ID Card, and
• a purple accession work card for the sector based scheme, or
• a SAWS card which states the dates of employment and name of the farm
employing the A2 national
12.
SPOUSE / CIVIL PARTNERS OF ROMANIAN AND BULGARIAN NATIONALS
Where a person is a national of Bulgaria and Romania and is the spouse of a
person holding a work authorisation document or a registration certificate
restricting their access to the labour market (for example, the spouse of a student
or a self-employed person), they too will be required to obtain an accession work
card in order to take employment in the UK.
13. SELF-EMPLOYED PERSONS
A2 nationals are entitled to be
self-employed in the U.K. and they and their family
members will then have the right to reside and may be eligible for housing
assistance. They are treated in the same way as other EEA nationals who are
self-employed. Any person engaged in self-employment should have registered
their business activities with Her Majesty’s Revenue and Customs (HMRC) and
be able to show they are paying appropriate national insurance contributions and
provide a copy of their business accounts. However, if they subsequently wish to
take employment with an employer, they must comply with the requirements for
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workers set out in The Accession (Immigration and Worker Authorisation)
Regulations 2006.
Self-employed nationals will need to supply the following documents to confirm
their status:
• valid passport, or
• ID Card, and
• a current CIS card (if employed in the construction industry), or
• a letter from HMRC showing their tax reference, and (if available)
• a copy of their business accounts
14. STUDENTS
Bulgarian and Romanian nationals who come to the UK to study are allowed to
work for up to 20 hours a week and if so, will be issued with a yellow registration
certificate. They are, however, treated in the same way as students from other
EEA countries. Their right to reside requires them to be self-sufficient, which
includes having comprehensive sickness insurance in the UK and they are
unlikely to be entitled to JSA (IB), Income Support (IS) or Housing Benefit.
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Appendix 18 Annex A
SEASONAL AGRICULTURAL WORKERS SCHEME
Only Home Office appointed SAWS operators – of which there are nine listed
below – can recruit workers. All applications for SAWS are made to the operator
direct:
• Concordia Ltd (YSV) – recruits on behalf of farmers throughout the UK
• HOPS Labour Solutions - recruits on behalf of farmers throughout the UK
• Friday Bridge International Farm Camp – recruits on behalf of farmers in the
North Cambridgeshire area only
• Sastk Ltd – recruits on behalf of farmers in the Shropshire and Staffordshire are
only
• Barway Services Ltd – recruits to meet their own demand for seasonal labour in
Cambridgeshire
• Haygrove Ltd - recruits to meet their own demand for seasonal labour only in
Herefordshire
• R&J M Place Ltd (International Farm Camp) - recruits to meet their own demand
for seasonal labour in Norfolk
• S&A Produce (UK) Ltd - recruits to meet their own demand for seasonal labour
only in Herefordshire
• Wilkins & Sons Ltd (International Farm Camp) – recruits to meet their demand for
seasonal labour only in Essex.
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Appendix 19 Keying and Deletion of Ineligible Decisions
These are the Admin / Computer keying Arrangements to be followed
after an Ineligible
decision has been made. Ineligible Decisions are in 2 parts – Homeless and Housing
Homeless Ineligibility must be keyed before Housing deletion.
RECORDING INELIGIBLE HOMELESS DECISION (WHERE APPROPRIATE)
Use the e203 Modify Event - Screen 5 - Homeless
+------------------------------------------------------------------------------+
| HOMELESSNESS DETAILS POPUP |
| Homelessness Ref : i__________ FINAL DECISION |
| Presentation Date : c__________ -------------- Date : c__________ |
| Given Reason : i_ Threatened Homeless : c |
| Date Keyed : c__________ Homeless : c |
| TEMPORARY ACCOM. DETAILS Assessed Reason : c_______________|
| ------------------------ Priority Need : c |
| Presenting Applicant : c___________ Priority Category : c_______________|
| Homeless Composition : C____________ Intentionality : c |
|Length stay in Temp Acc : I_ Eligible : c |
| Time in Current Plcmnt : i_ Ineligible Reason : c_______________|
| Placement Type : C_________ Appeal 1 : c 2 : c |
| Furniture storage : c |
| Date stored : c__________ FINAL ACTION |
| Correspondence Address : ------------ Date : c__________ |
| c___________________ Application Withdrawn : c |
| c___________________ Priority Withdrawn : c |
| Phone No. : ____________ Rehoused By : c_______________|
| Temp.Accom.End : c__________ |
| Furniture Storage End : c__________ |
+------------------------------------------------------------------------------+
• Use the e203 Modify Event - Screen 5 – Homeless
• Under the Final Decision complete the input as normal for the Homeless,
Threatened Homeless, Priority Need, and Priority Category fields
•
For Intentional set the field to Y, even if the decision would normally be N
• Set the Eligible field to N and enter the appropriate ineligible reason.
• Select the system generated ineligible homeless letter and complete the
freehand insert as necessary.
REMOVING INELIGIBLE APPLICANT FROM WAITING LIST (WITH OR WITHOUT
HOMELESS CASE)
•
Use the e205 Withdraw Application Event to delete case from computer
•
Select one of the two new Ineligible codes
•
30 “Asylum / Immigration” or 31 “Unacceptable Behaviour”
•
On Save select the APPLIC INELIGIBLE letter
•
If the housing case includes a Homeless case, a system generated
homeless ineligible letter (Appendix 19(a)) should be completed freehand as
necessary to explain the basis of the decision and issued to the Applicant.
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Homeless (Ineligible) Letter
Appendix 19(a)
Housing
2 ADELAIDE STREET
Executive
BELFAST
BT2 8PB
028 90240588 (Minicom: 0845 6504381)
MR JOE SOAP
1 ORCHARD GROVE Ref. No. 101 /12345
ANYTOWN
ANYWHERE
BT1 1AB
Date 1-mar-2001
Dear MR SOAP,
NOTICE OF DECISION - HOUSING (NI) ORDER 1988
I am writing to you concerning your request for accommodation for
you as a person who is either homeless or threatened with
homelessness.
The Executive has considered whether or not it has a duty to
secure that accommodation becomes available for you under the
terms of the above Order. It has concluded that no such duty is
owed towards you, because it is satisfied that you are
ineligible, as defined in the above Order.
Reasons
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________
General
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A leaflet explaining how the Executive assesses homelessness, and
the Advice and Assistance available from the Executive are
enclosed.
If you wish to avail of these services or discuss this notice
further, you should contact ___________________________________
at this office.
If you wish to appeal this decision, you should write (quoting
your name, address and reference number) to
MR J BLOGGS Area Manager, at BELFAST Area office.
_____________________________________
_____________________________________
_____________________________________
Should you require any assistance in making your appeal you can
contact Housing Rights Service ('phone 028 90245640) or your
local Advice Centre.
I am sorry I cannot be more helpful on this occasion.
This decision is not in respect of your application for housing
which is considered separately under the rules of the Housing
Selection Scheme.
Yours sincerely,
MR A SMTYH
DISTRICT MANAGER
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Housing Application – Ineligible Letter Appendix 19(b)
Housing
2 ADELAIDE STREET
Executive
BELFAST
BT2 8PB
028 90240588 (Minicom: 0845 6504381)
MR JOE SOAP
1 ORCHARD GROVE
Ref. No. 101 /12345
ANYTOWN
ANYWHERE
Date 1-mar-2001
BT1 1AB
Dear MR SOAP,
Your application for housing was received on 1-mar-2001.
However, I am unable to accept your application as you are
ineligible to apply for housing under the rules of the Housing
Selection Scheme.
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
__________________________________________________________
If you have any queries on this matter please contact this
office.
Yours sincerely,
MR A SMTYH
DISTRICT MANAGER
H205(1)
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Homeless Decision Letter (Restricted Case)
Appendix 19(c)
Housing
2 ADELAIDE STREET
Executive
BELFAST
BT2 8PB
028 90240588 (Minicom: 0845 6504381)
MR JOE SOAP
1 ORCHARD GROVE Ref. No. 101 /12345
ANYTOWN
ANYWHERE
BT1 1AB
Date 2-Mar-2009
Dear MR SOAP,
NOTICE OF DECISION - HOUSING (NI) ORDER 1988
I am writing to you concerning your request for accommodation for
you as a person who is either homeless or threatened with
homelessness.
I wish to notify you that the Housing Executive has considered
whether or not it has a duty to secure that accommodation becomes
available for you under the terms of the above Order. It has
decided that you are eligible for assistance and you are homeless
/ threatened with homelessness, in priority need and that you
have not become homeless intentionally; however, it is satisfied
you would not have been so without having regard to a restricted
person in your household and therefore your case is a restricted
case.
A restricted person is a person who is not eligible for
assistance under the homelessness legislation as a person who is
subject to immigration control within the meaning of the Asylum
and Immigration Act 1996, and either does not have leave to enter
or remain in the United Kingdom, or whose leave to enter or
remain in the United Kingdom is subject to a condition to
maintain and accommodate himself, and any dependants, without
recourse to public funds.
The restricted person in your household is:
________________________________________________________
Reasons
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This person is a restricted person because:
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________
As a restricted case, the Housing Executive must bring its duty
to secure accommodation to you to an end by arranging for an
offer of a tenancy in suitable private accommodation to last for
at least 12 months. If the Housing Executive cannot find
suitable accommodation in the private sector, you will be made
one offer of accommodation under the Housing Selection Scheme.
You should be advised that the Housing Executive will no longer
owe a duty to you as a person found to be homeless under the
above Order if you accept this offer or if you refuse this offer.
A leaflet explaining how the Housing Executive assesses
homelessness, and the Advice and Assistance available from the
Housing Executive are enclosed.
If you wish to avail of these services or discuss this notice
further, you should contact ___________________________________
at this office.
This decision is not in respect of your application for social
housing which is considered separately under the rules of the
Housing Selection Scheme. Your application will be placed on the
waiting list for housing, however, as a restricted case you will
not be entitled to any Insecurity of Tenure points under the
Scheme.
I trust this is of assistance to you.
Yours sincerely,
MR A SMTYH
DISTRICT MANAGER
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Restricted Case – Refusal of PRS Offer - Discharge of Duty
Appendix 19(d)
Housing
2 ADELAIDE STREET
Executive
BELFAST
BT2 8PB
028 90240588 (Minicom: 0845 6504381)
MR JOE SOAP
1 ORCHARD GROVE
Ref. No. 101 /12345
ANYTOWN
ANYWHERE
Date 2-Mar-2009
BT1 1AB
NOTICE OF DECISION - HOUSING (NI) ORDER 1988
Dear MR SOAP,
I am writing to you regarding the offer of a tenancy made by a
landlord to you in private accommodation. That offer was made to
you as a restricted case under the above Order.
As you have refused that offer, the Housing Executive is no
longer under any duty to you under the above Order.
If you have any queries on this matter please contact this
office.
Yours sincerely,
MR A SMTYH
DISTRICT MANAGER
H205(1)
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Restricted Case – Acceptance of PRS Offer - Discharge of Duty
Appendix 19(e)
Housing
2 ADELAIDE STREET
Executive
BELFAST
BT2 8PB
028 90240588 (Minicom: 0845 6504381)
MR JOE SOAP
1 ORCHARD GROVE
Ref. No. 101 /12345
ANYTOWN
ANYWHERE
Date 2-Mar-2009
BT1 1AB
Dear MR SOAP,
NOTICE OF DECISION - HOUSING (NI) ORDER 1988
Dear MR SOAP,
I am writing to you regarding the offer of a tenancy made by a
landlord to you in private accommodation. That offer was made to
you as a restricted case under the above Order.
As you have accepted that offer, the Housing Executive is no
longer under any duty to you under the above Order.
If you have any queries on this matter please contact this
office.
Yours sincerely,
MR A SMTYH
DISTRICT MANAGER
H205(1)
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10.10
RELATIONSHIP BREAKDOWN
10.10.1 PROOF OF RELATIONSHIP BREAKDOWN
Where an applicant has indicated that he / she has separated from their partner,
the Designated Officer will require proof that the relationship breakdown is
genuine. Listed below are guidelines that may be followed to confirm the
relationship breakdown. These are equally applicable to married couples, civil
partners, co-habiting couples or same sex couples.
1.
Where a Decree Absolute, Decree Nisi of divorce or judicial separation or
Dissolution Order is available, no further documentation is required as this
is evidence that a marriage/civil partnership has broken down irretrievably.
This is obviously only applicable to married couples or civil partners.
2.
In the absence of any substantive evidence of a relationship breakdown,
applicants should be asked if they are willing to provide a letter. The letter
should be from one of the following who should be aware from their own
professional involvement with the Applicant or their partner that the
relationship has broken down and that it is not reasonably practicable for
the couple to live together.
(a) Member of Clergy
(b) Doctor
(c) Police Officer
(d) Lawyer
(e) Teacher
(f)
Social Worker
(g) Marriage Guidance Counsellor
(h) Women's Aid Official
The above list is not an exhaustive list. Where a letter by a person not named
on the list is offered, the matter should be referred to Housing Policy. Where
the applicant is unwilling or unable to provide any of the above information, it
may be necessary to interview both parties and Housing Policy or Legal
Services will advise in such circumstances.
See Chapter 8.6 for procedures in cases of relationship breakdown.
10.10.2 COURT ORDERS: GENERAL
Details / evidence of some Court Orders may be produced by applicants /
tenants where they have been asked to prove that a relationship has broken
down. In other instances he / she may be asked to provide evidence of the
arrangements, made by the court, regarding the dependent children from a
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relationship that has broken down. The following is not an exhaustive list but
merely recounts the more commonly used Orders: -
Residence Order
This sets out the arrangements about where a child will live and with whom.
A Residence Order is similar to the old “Custody Order” but is more flexible as
a wider range of circumstances can be accommodated. It can be made in
favour of one or more persons, even if they do not live together. It
automatically confers parental responsibility on the person with residence for
the duration of the order. There is a facility to provide joint residence in favour
of two or more people. The court order may specify the periods during which
the child is to live in the different households concerned. While it is more usual
that those who obtain a Residence Order are the parents of the child, this is
not always the case and the legislation provides for it to be granted to other
people e.g. grandparents.
As the Court usually wants one parent only to have responsibility for dependent
children, a Residence Order will not normally be granted jointly to both parents.
Where there is a joint Residence Order, however, advice should be sought
from Legal services.
Contact Order
This sets out the arrangements for the children to visit or stay with the person
named in the Order.
A Contact Order is similar to the old “Access Order” but focuses on allowing the
child to visit or stay with the person (not necessarily a parent) named on the
order. The emphasis is very much on the child’s interests and wishes, rather
than on the parent’s rights. The court can attach conditions to it regarding
matters such as duration, supervision etc. Where a child is in care of an
authority, there is a statutory duty on the authority to allow the child to have
contact with its parents, guardians etc. No limits / guidelines have been given
as to what length a stay or visit should be as every case is considered
individually on the needs of the child. It is important to note that the person
having contact with a child does not necessarily have to be financially
responsible for that child either by way of maintenance or any other way.
Prohibited Steps Order
This has the effect of restraining in some way the actions of a person in relation
to the child.
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Specific Issue Orders
These Orders can be made in conjunction with Residence or Contact Orders or
on their own. This is where the Court has decided a particular question about
the exercise of parental responsibility upon the application of one of the
parents.
Decree Nisi (on Divorce or Judicial Separation)
This is the first step on divorce or judicial separation and is made by the Court
when it is satisfied that the marriage has irretrievably broken down. This is not
the final decree and the marriage has not formally ended until the issue of the
Decree Absolute (see below).
Conditional Dissolution Order
This is the first step to the dissolution of a Civil Partnership– s172 of the 2004
Act and can be made by either civil partner on the ground that the civil
partnership has broken down irretrievably.
Decree Absolute (on Divorce or Judicial Separation)
This is the final decree, made six weeks after the Decree Nisi once the Court is
satisfied that all arrangements in respect of children are satisfactory. This is
the formal end of the marriage.
Final Dissolution Order
This is the final dissolution of a civil partnership on the ground that the civil
partnership has broken down irretrievably – s168 of the 2004 Act.
Non-Molestation Order
This is an Order which prohibits particular behaviour or molestation generally
and can be made for a specified period or under further notice.
Occupation Order
This can be either "declaratory" where the rights of occupation to the home are
declared or "regulatory" where the occupation of the home is regulated to
provide protection for the applicant and/or any child. This is probably similar to
the old exclusion order.
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10.10.3 GUIDANCE NOTES / INFORMATION / ENQUIRIES
DEPENDENT CHILDREN
For the purposes of the Selection scheme an applicant has dependent children
either if he / she has
dependent children
residing with him / her or if such
children might
reasonably be expected to reside with him/her
A
Dependent
The first issue to be decided is whether or not the child is dependent. A
dependent child is one who is under 16 years of age, or who is under 19
years and is in full time education or in a Government Training Scheme.
However, all the facts need to be looked at to ascertain if there is any
dependence on the applicant i.e. emotional, physical or financial. For
instance, although parents may be separated and the children live with
the mother, such children could be dependent on their father for childcare
if the mother was working. In cases where parents live apart, a check
should always be made as to whom child benefit is paid. If the child
benefit is paid to the mother and the child resides with the mother, then
the children would be deemed to be dependent on the mother for the
purposes of the Selection Scheme.
However, while the children might be dependent on the father in terms of
childcare, the father would only meet the Selection Scheme criteria if the
children
reside with him or might reasonably be expected to reside with
him.
B
Resides
Again, in the case of parents who live apart, the first enquiry to be made is
to ascertain whether or not a Residence / Contact Order has been made.
Each case must be considered fully based on its own facts.
Information should be sought from solicitors, social services, parents,
grandparents etc. where necessary.
NOTE: Regular overnight staying access does
not equate to residence.
As a general rule, dependent children should be treated as residing with
the person with whom they actually reside for the greater part of the week,
and it is that parent who should be treated as having dependent children
for the purposes of the Selection Scheme. Where it is determined that the
children stay 5 or more nights per week at one particular property, they
can be considered as residing at that property. If the children divide their
time more equally between two properties (e.g. 4 nights / 3 nights) or if
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residence arrangements vary from week to week, a determination will
have to be made as to whom the children are dependent on. For example
who is Child Benefit paid to, is there a Residence Order in favour of one
parent, the address on the child's medical card, what school does the child
attend etc.
C
MIGHT REASONABLY BE EXPECTED TO RESIDE
The Executive needs to ask about future intentions also, in order ascertain
whether or not the child might reasonably be expected to reside with the
applicant.
•
children in care
Where children are in care, information should be sought from Social
Services as to their intentions i.e. is it their intention to work towards
releasing the children within a reasonable period of time (e.g. 6
months) or that, by not accepting the applicant as a full duty
applicant, this would hinder Social Services in their efforts to re-unite
the family.
Note: Dependent children need not necessarily be children of the applicant but
may be related in some other way (e.g. grandchildren) or be adopted or foster
children.
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Applicant – Separated Parent
Children Dependent
Determine if the children are
Children NOT
See section 10.10.3
dependent on the Applicant?
Dependent
See section 10.10.3
See section 10.10.3
Do the children
reside with
the applicant for the ‘Greater
e.g. children residing
Part of the Week’ (5 or more
Applicant awarded Sharing
for less than 5 nights
nights)?
Points under ‘A’ Band (or ‘U’
YES
or although expected
No
if 16 – 18 year old applicant)
to reside actually
unable to / do not
Applicant awarded
Applicant awarded
Sharing Points
Children NOT taken
Sharing Points under
under ‘A’ Band (or
into account in
‘F’ Band
‘U’ if 16 – 18 year
overcrowding
old applicant)
assessment
Overcrowding Points
PSN 7
Children NOT taken
awarded on basis of
Family
OSN 4 awarded to
into account in
children occupying
Living
recognise access to
overcrowding
property
apart
children
A
assessment
p
Awarded
PSN7
NOT awarded
p
en
d
ix 10.
10.
Statutory Homelessness investigation should be carried out in all cases.
1
If FDA points do not apply Other Homeless points should be considered
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10.11. LATENT DEMAND
10.11.1 RURAL ‘LATENT DEMAND’ QUESTION
As part of the visit / assessment process, Designated Officers are reminded of the
importance of asking both housing and transfer applicants the above question and
recording responses on the visit report forms for subsequent keying onto the Waiting
List system.
This latent demand question allows all applicants to identify up to two rural areas
where they would wish to live but where there is little prospect of re-housing due to
lack of available accommodation at present. The resultant choice(s) is in addition to
the ‘normal’ ‘areas of preference’ and will be used solely to plan where housing may
be required.
This information will then be recorded on the on line
HMS system
While the latent demand question has been on application forms for some time, the
absence of a facility to key any responses has meant that such information was not
usually sought during housing visits in the past. The issue of latent demand is
fundamental to the Executive’s Rural Housing Strategy and so all Designated
Officers should be made aware of the necessity to seek this information from now on.
Two points in particular should be highlighted:
It is anticipated that any responses may involve small settlements or
hamlets/crossroads outside existing villages. The revised system will allow any
of these small settlements etc. to be keyed as latent choices. Designated
Officers should therefore record such responses as given and not try to link
them in with for example, an existing estate code for a neighbouring village.
There may be applicants currently residing in towns or villages who would wish
to live in smaller rural settlements. The latent demand question should not
therefore be confined to those applicants/transfers currently living in isolated or
more rural locations.
Should you have any queries regarding this matter, do not hesitate to contact the
Housing Executive’s Rural Housing Strategy at the address below:
N.I.H.E
Corporate Planning
Housing Centre
2, Adelaide Street
BELFAST BT2 8PB
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10.11.2 NEW LATENT DEMAND AREAS
During the visit / assessment process, applicants may identify areas where they may
wish to live which are not already included in the Latent Demand screen in the
PRAWL system. Similarly, additional areas may be identified by the Executive /
Housing Associations to test for latent demand.
In such circumstances, Designated Officers should complete the attached pro forma
(see Appendix 10.11.1) so that the new latent demand locations are added to the
PRAWL system. Instructions on how to complete the pro forma are detailed below:
10.11.3 INSTRUCTION TO COMPLETE PRO FORMA FOR INCLUSION OF ADDITIONAL
CHOICES ON PRAWL LATENT DEMAND SCREENS
1.
Area Code
2.
District Code
3.
Location Name – name known locally of the rural area/settlement. For latent
demand purposes this may also include settlements/villages which already
have an existing waiting list code but due to either low turnover of
accommodation, or no public sector housing, applicants do not normally select
these areas.
4.
Waiting List Name – if there is a waiting list estate code exclusive to this area,
enter ‘Y’, if not enter ‘N’ and record the waiting list name the rural area is
included under.
5.
Village/Settlement – record whether the rural area is a village or smaller
settlement.
6.
Rural – for the purpose of this exercise should always be ‘Y’.
7.
CLA Code and Name – name and code of Common Landlord Area which
covers the rural area.
8.
To avoid duplication, housing associations should refer any requests for areas
to be included on the latent demand screen to the District Office which covers
the small settlement (latent demand area).
9.
The attached form should be signed and dated by a member of the District
Office Management Team and forwarded to: Michael Conway, Rural Housing
Co-ordinator, Housing Centre.
10.12 LIST OF PARTICIPATING LANDLORDS
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Name & Address
Tel No
Fax No
Abbeyfield and Wesley Society
Tel. 028 90365081
Fax. 028 90859951
21 Glassillan Grove GreenislandBT38 8TE
e-mail:
xxxxxxxxxx@xxxxxxxxx.xxxxx.xx.xx Apex Housing Association Ltd
71304800
7126 3362
110 Butcher St, Derry/ Londonderry BT48 6HH
e-mail:
xxxx@xxxxxxxxx.xxx Website
www.apexhousing.org
Ark Housing Association
9075 2310
9075 4180
Unit 17- 18 North Belfast Business Centre,
Duncairn Gardens, Belfast BT15 2GG
e-mail:
xxxx@xxxxxxxxxx.xx.xx T: 02890752310
F: 02890754180
E
: xxxx@xxxxxxxxxx.xx.xx
W: www.arkhousing.co.uk
Clanmil Housing Association Ltd
9087 6000
9087 6001
Northern Whig House, 3 Waring St, Belfast BT1
2DX
e-mail:
xxxxxxx@xxxxxxxxx.xxx.xx web: www.clanmil.org Connswater Housing Association Ltd
9065 6155
9065 6388
157 upper Newtownards Rd, Belfast BT4 3HX
e-mail:
xxxxxxx@xxxxxxxxxx.xxx.xx
xxxx@xxxxxxxxxx.xxx.xx Craigowen Housing Association Ltd
9076 8029
9076 9309
Muir Building, 427 Holywood Rd, Belfast BT4
2LT
e-mail:
xxxxxx@xxxxxxxxx.xxx.xx
Filor Housing Association Ltd
9035 1131
9074 1755
282-290 Crumlin Road, Belfast BT14 7EE
e-mail:
xxxxxxxxxxxx@xxxxxxxxx.xxx
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Name & Address
Tel No
Fax No
Flax Housing Association Ltd
9059 2110
9059 4440
Gate Lodge
8 Flax Street
Belfast BT14 7DA
e-mail:
xxxxx@xxxxxxxxxxx.xxx
Fold Housing Association Ltd
9042 8314
9042 8167
Fold House, 3 Redburn Sq, Holywood BT18
9HZ
e-mail:
xxxx@xxxxxxxxx.xx.xx Grove Housing Association Ltd
9077 3330
9077 6661
171 York Road, Belfast BT15 3HB
e-mail:
xxxx@xxxxxxx.xxx.xx Habinteg Housing Association (Ulster) Ltd
9042 7211
9042 8069
Alex Moira House, 22 Hibernia Street,
Holywood BT18 9JE
e-mail:
xxxx@xxxxxxxxxxxxxxx.xx.xx Hearth Housing Association Ltd
9053 0121
9053 0122
66 Donegall Pass, Belfast BT7 1BU
e-mail:
xxxx@xxxxxxxxxxxxxx.xxx.xx
22
W
eb www.hearth-housing.org.uk
Helm Housing,
028 9032 0485
9033 0402
Helm House,
38-52 Lisburn Road,
Belfast
BT9 6AA
e-mail:
xxxxxx@xxxxxxxxxxx.xxx
Newington Housing Association (1975) Ltd
9074 4055
9074 7624
300-302 Limestone Road, Belfast BT15 3AR
e-mail:
xxxxxxxxx@xxxxxxxxx.xxx
W
eb www.newingtonha.co.uk
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Name & Address
Tel No
Fax No
Oaklee Housing Association Ltd
Service Centre
Fax,
Leslie Morrell House, 37-41 May Street, Belfast Head Office
028 9044 1346
BT1 4DN
0845 073 3335
e-mail:
servicescentre@oaklee.org.uk
Websit
e www.oakleehomes.org.uk
Trinity Housing Association (NI) Ltd
02890690250
02890690251
Beechhill Business Park
96 Beechhill Rd Belfast BT8 7QN
e-mail:
xxxx@xxxxxxxxx.xxx Rural Housing Association Ltd
0288224 6118
0288224 6120
Tollgate House
Killyclogher Rd
Omagh
BT79 OAX
e-mail:
xxxx@xxxxxxxxxxxx.xx.xx St Matthew’s Housing Association Ltd
9045 1070
9045 4205
58 Harper Street, Belfast BT5 4EN
e-mail:
xxxx@xxxxxxx.xxx South Ulster Housing Association Ltd
3833 9795
3835 0944
20-22 Carleton Street, Portadown, Craigavon
BT62 3EN
e-mail:
xxxx@xxxxxxxxxxxxxxxxxx.xxx W
eb www.suha.co.uk
Triangle Housing Association Ltd
2766 6880
2766 2994
60 Eastermeade Gardens, Ballymoney BT53
6BD
e-mail:
xxxx@xxxxxxxxxxxxxxx.xxx.xx www.trianglehousing.org.uk Harmony Homes Housing Association Ltd
9074 1618
9035 1922
93 Woodvale Road, Belfast BT13 3PB
e-mail:
xxxxxxxxxxxxxxxx@xxxxxxxxx.xxx
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10.13 GUIDE TO AREAS COVERED BY NIHE DISTRICT OFFICES
Belfast Area – District Offices
10.13 GUIDE TO AREAS COVERED BY NIHE DISTRICT OFFICES
Belfast Areas Belfast Area West Office
32-36 Gt Victoria St
Belfast BT2 7BA
Estates covered: Andersonstown Area, Brooke Park, Donegall Road, Glencolin,
Hannahstown, Ladybrook, Lenadoon, Rossnareen, St James Area, Suffolk,
Tullymore
Estates covered: Ardmoulin, Ballymurphy, Beechmount, Cavendish Street,
Clonard Crescent, Dermott Hill, Divis, Downfine, Falls Court, Gransha,
Grosvenor Road, Hamill Street, John Street, Moyard, New Barnsley, Rockmount,
Springfield Park, Springfield Road (Lower), Springhill, Turf Lodge, Westrock,
Whiterock
Belfast Shankill District
83-87 Shankill Road
BELFAST BT13 1FO
Estates covered: Ainsworth, Ballygomartin, Glencairn, Highfield, Lawnbrook,
Shankill Road, Springmartin, Tudor Place, Upper Shankill, West Circular Road,
Woodvale
Belfast Area South & East Belfast Office
32-36 Gt Victoria St
Belfast BT2 7BA
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Estates covered: Albertbridge Road, Ardcarn, Ashfield, Bloomfield, Bridge End,
Castlereagh Road, Cherryvalley, Clarawood, Dundela, Edenvale, Garnerville,
Inverary, Knocknagoney, Lisavon, Newtownards Road, Sandbrook, Short Strand,
Summerhill, Sydenham, Wandsworth
Estates covered: Annadale, Cromac, Donegall Pass, Donegall Road, Finaghy,
Flush Park, Mount Street, Ormeau, Ravenhill, Roseberry, Sandy Row,
Stranmillis, Taughmonagh, Ulsterville, Woodstock Road
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Belfast Area North Belfast Office
32-36 Gt Victoria St
Belfast BT2 7BA
Estates covered: Ardavon Park, Ashfield, Carlisle, Duncairn Gardens,
Dunmore, Fairhill, Fairyknowe, Fortwilliam, Gainsborough Area, Glandore,
Graymount, Grays Lane, Mount Vernon, New Lodge Area, Parkmount Flats,
Ross House Flats, Shore Crescent, Shore Road, Skegoneill, Carrick Hill,
Whitewell
Estates covered: Antrim Road, Ardoyne, Ballysillan, Benview, Cavehill,
Cliftondene, Glenbank, Glenbryn, Hesketh, Ligoniel, Oldpark, Silverstream,
Sunningdale, Torrens, Tyndale, Westland, Wheatfield
North Down & Ards Area
Bangor Office
Bangor District
2.Alfred St
Bangor.
Estates covered: Bangor Estates, Conlig, Crawfordsburn, Groomsport, Helen’s
Bay, Holywood
Newtownards District
Newtownards District Office
2-32 Frederick St
Newtownards
Estates covered: Annacloy, Annsborough, Annadorn, Ardglass, Ballyhornan,
Ballykinlar, Ballymacarn, Ballynahinch, Burrenreagh, Castlewellan,
Clonvaraghan, Clough, Crossgar, Derryboye, Downpatrick Estates, Drumaness,
Drumee, Drumaroad, Dundrum, Dunmore, Dunsford, Kilclief, Kilcoo, Killough,
Kilmore, Killyleagh, Loughlinisland, Newcastle, Rafferty, Saintfield, Seaforde,
Shrigley, Spa, Strangford, Tyconnaught, Tyrella
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South Down Area
Newry
35-45 Boat Street
NEWRY BT34 2DB
Telephone 03448 920 900
Fax 028 3831 892
Estates covered: Annalong, Attical, Ballymaderphy, Ballymartin, Barnmeen,
Belleek, Bessbrook, Burren, Camlough, Creggan, Crossmaglen, Cullyhanna,
Cullaville, Derramore, Drumintee, Dunaman, Forkhill, Glassdrumman, Hilltown,
Jonesboro, Kilkeel Estates, Killen, Longstone, Lurganare, Mayobridge, Meigh,
Mullaghbawn, mullaghglass, Newry Rural, Newry Town, Newtowncloughoge,
Newtownhamilton, Rostrevor, Shinn, Silverbridge, The Commons, Warrenpoint,
Whitecross
Downpatrick
51 John Street
DOWNPATRICK BT30 6HS
Estates covered: Annacloy, Annsborough, Annadorn, Ardglass, Ballyhornan,
Ballykinlar, Ballymacarn, Ballynahinch, Burrenreagh, Castlewellan,
Clonvaraghan, Clough, Crossgar, Derryboye, Downpatrick Estates, Drumaness,
Drumee, Drumaroad, Dundrum, Dunmore, Dunsford, Kilclief, Kilcoo, Killough,
Kilmore, Killyleagh, Loughlinisland, Newcastle, Rafferty, Saintfield, Seaforde,
Shrigley, Spa, Strangford, Tyconnaught, Tyrella
Lisburn & Castlereagh Area
Lisburn
29 Antrim Street
LISBURN BT28 1AU
Estates covered: Aghalee, Ballinderry, Ballycrune, Ballynadolly, Ballymacash,
Ballymacoss, Beattie Park, Conway, Culcavey, Derriaghy, Dromara, Drumbo,
Dunmurry Rural Cottages, Feymore, Glenavy, Hilden, Hillhall, Hillsborough,
Islandkelly, Knockmore, Lambeg, Lisburn Estates, Long Kesh, Maghaberry,
Magheragall, Maze, Milltown, Moira, Purdysburn, Ravarnette, Rockview,
Seymour Hill, Upper Dunmurry Lane, Warren/Old Warren
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Dairy Farm
Dairy Farm Centre
Stewartstown Road
BELFAST BT17 0SB
Estates covered: Poleglass, Twinbrook
South Area
Armagh
48 Dobbin Street
ARMAGH BT61 7BR
Estates covered: Ahorey, Annaghmore, Annahugh, Armagh Estates, Ballards,
Ballymacnab, Benburb, Blackwatertown, Carrickaness, Charlemont, Clady,
Darkley, Derrynoose, Drumhillery, Drumnahuncheon, Edenaveys, Eglish,
Glenanne, Hamiltonsbawn, Keady, Killylea, Loughgall, Loughgilly, Madden,
Markethill, Middletown, Milford, Mountnorris, Poyntzpass, Richhill, Tandragee,
Tynan
Banbridge
56 Bridge Street
BANBRIDGE BT32 3JL
Estates covered: Annaclone, Ashfield, Ballyvarley, Ballyward, Banbridge
Estates, Closkelt, Corbet, Dromore Town, Gilford, Katesbridge, Kinallen,
Laurencetown, Lisnagade, Loughbrickland, Rathfriland, Scarva, Seapatrick,
Tullyhennan, Tullylish
Lurgan/Brownlow
16 Legahory Centre
CRAIGAVON BT65 5BE
Estates covered: Aldervale, Altmore, Ardowen, Burnside, Carn, Clonmeen,
Derrymacash, Derrytrasna, Drumbeg North/South, Drumgor Heights,
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Drumnacanvey, Edenbeg, Enniskeen, Kinnego, Legahory Green, Meadowbrook,
Moyraverty Centre, Parkmore, Rosmoyle, Westacres
South West Area Office
Cookstown
15 Morgan’s Hill Road
COOKSTOWN BT80 8HA
Estates covered: Annaghmore, Auglish, Ballylifford, Ballyronan, Blackhill,
Broughderg, Carnan, Coagh, Clare, Cluntoerichardson, Coagh Street, Cooke
Crescent, Cookstown Estate, Coolreaghs, Derrychrin, Donaghy, Drum,
Drumallen, Dunamore, Dunman, Gortacladdy, Keenaghan, Kildress, Pomeroy,
Kilmoon, Killygonland, Lisnahall, Lissan, Lourp, Maloon, Moneymore, Monrush,
Moortown, Orriter, Rock, Sandholes, Sherrygroom, Stewartstown, Tullyhogue,
Tullyreavy, Tullywiggan
Dungannon
Ballygawley Road
DUNGANNON BT70 1AT
Estates covered: Ackiduff, Augher, Aughnacloy, Ballygawley, Benburb, Brantry,
Bush, Caledon, Cappagh, Castlecaulfield, Clogher, Coalisland, Derrylee,
Donaghmore, Drumkee, Dungannon Estates, Fivemiletown, Galbally, Granville,
Killyman, Laghey, Mountjoy, Moy, Moygashel, Mullenakill, Newmills
Fermanagh
Riverview House
Head Street
ENNISKILLEN BT74 7DA
Estates covered: Arney, Ballinamallard, Belcoo, Bellanaleck, Belleek,
Brookeborough, Clabby, Derrygonnelly, Derrylin, Donagh, Ederney, Enniskillen
Estates, Florencecourt, Garrison, Irvinestown, Kesh, Killadeas, Kinawley, Lack,
Letterbreen, Lisbellaw, Lisnaskea, Magheraveely, Maguiresbridge, Monea,
Newtownbutler, Roslea, Springfield, Tamlaght, Tempo, Trory
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Omagh
Riverston House
7 Holmview Terrace
Omagh BT79 0AH
Estates covered: Beragh, Cannondale, Carrickmore, Castleview, Dromore,
Drumnakilly, Drumquin, Fintona, Glenhull, Gortin, Greencastle, Kilskeery,
Knockmoyle, Lammy, Lisanelly, Loughmacrory, Mountfield, Mountjoy,
Mullaghmore, Omagh Estates, Rouskey, Seskinore, Shandon Park,
Sixmilecross, Strathroy, Tattysallagh, Trillick
Magherafelt, Mayogall, Moneyneaney, Moneysallin, Portglenone, Ritchies Villas,
Rocktown, St Treas, Swatragh, Tamlaght, Tobermore, Tullyherron, Upperlands
South Antrim Area
Antrim
48 High Street
ANTRIM BT41 4AN
Estates covered: Antrim Town, Ballycraigy, Crumlin, Dublin Road, Firfields,
Glenburn, Greystone, Menin Road, Moylena Grove, Muckamore, Newpark,
Parkgate, Parkhall, Randalstown, Rathenraw, Rathglynn, Rathkyle, Springfarm,
Steeple, Stiles, Templepatrick, Toomebridge, Townparks Nr & St
Newtownabbey 1
Rantalard House
Rathcoole Drive
Rathcoole
NEWTOWNABBEY BT37 9GL
Estates covered: Abbeyville, Bawnmore, Bleachgreen, Glenville, Hightown,
Longlands, Rathcoole, Rathfern, Rushpark, Whiteabbey
Newtownabbey 2
Ballyearl Drive
New Mossley
NEWTOWNABBEY BT36 5XJ
Tel: 9084 3711 Fax 9083 8819
Estates covered: Ballyclare, Ballyduff, Ballynure, Doagh, Glengormley,
Glenvarna, Hyde Park, Jennings Estate, Kelburn Park, Monkstown, New
Mossley, Oakview, Old Mossley, Parkmount, Queen’s Avenue, Queen’s Park,
Roughfort
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East Area
Ballymena
Twickenham House
Mount Street
BALLYMENA BT54 6EY
Estates covered: Adair, Ahogill, Aughafatten, Ballee, Ballykeel, Ballymarlow,
Ballymena Town, Broughshane, Cargan, Carninney, Clough, Craigywarren,
Cullybackey, Doury Road, Dunclug, Dunvale, Fisherwick Crescent, Galgorm,
Glarryford, Glenwherry, Gracehill, Harryville, Herbison Park, Kells,
Loughloughan, Martinstown, Millfield, Moorfields, Moorlands,
Newtowncrommelin, Portglenone, Procklis, Rectory, Slatt, Straid, Taylorstown,
Tullgarley
Carrickfergus
19 High Street
CARRICKFERGUS BT53 6AL
Tel: 03448 920 900
Fax: 02825 666 133
Estates covered: Agnes Street/McKeen’s Ave, Carrickfergus Town, Castlemara,
Davy’s Street, Drumhoy/Salia/Ederny, Eden, Glenfield, Greenisland, Sunnylands,
Taylor’s Avenue, Victoria, Whitehead, Windmill Hill
Larne
Sir Thomas Dixon Buildings
Victoria Road
LARNE BT 40 1RU
Estates covered: Antiville, Ballycarry, Carnlough, Craigyhill, Ferris Park,
Glenarm, Gleno, Glynn, Islandmagee, Larne Town, Magheramorne, Millbrook,
Mount Hill, Old Glenarm Road, Riverdale
Magherafelt
3 Ballyronan Road
MAGHERAFELT BT45 BP
Estates covered: Ballinahone, Ballymaguigan, Ballynease, Beagh, Bellaghy,
Broagh, Carmean, Castledawson, Clady, Creagh, Culnady, Curran, Destmartin,
Draperstown, Drumderg, Fallahogey, Gulladuff, Innisrush, Kilross,
Knockloughrim, Lislea, Lisamorrow, Lisnamuck, Longfield, Luney, Maghera,
Magherafelt, Mayogall, Moneyneaney, Moneysallin, Portglenone, Ritchies Villas,
Rocktown, St Treas, Swatragh, Tamlaght, Tobermore, Tullyherron, Upperlands
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Causeway Area
Limavady
33 Catherine Street
LIMAVADY BT49 9DA
Estates covered: Aghanloo, Alexander Road, Ardgarvan, Aughill, Ballycrim,
Ballykeen, Ballykelly, Ballymacallion, Ballymonie, Ballyquin, Bellaeena,
Bonnanboigh, Caman Park, Carnabane, Carrowclare, Carrydoo, Church Street,
Connell Street, Crawford Square, Crebarkey, Dernaflaw, Dromore, Drumachose
Park, Drumavalley, Drumneechy, Drumsurn, Dungiven, Dungiven Road, Feeny,
Glack, Gortar, Gortnaghey, Greysteel, Greystone, Josephine Avenue, Killylane,
King’s Lane, Largy, Magherabuoy, Massey Avenue, Muldonagh, Myroe,
Owenbeg, Protestant Street, Rathbeg Crescent, Rathbrady Road, Roemill
Gardens, Roeview Park, Sistrokeel, William Street, Windsor Avenue
Ballycastle
Fleming House
Coleraine Road
BALLYCASTLE BT54 6BP
Tel: 03448 920 900
Fax: 028 2566 6373
Estates covered: Armoy, Ballintoy, Ballycastle Town, Cushendun, Ballyvoy,
Bushmills,Cushendall, Liscolman, Mosside, Rathlin, Waterfoot
Ballymoney
50-54 Main Street
BALLYMONEY BT53 6AL
Tel: 2766 3442 Fax 2766 6533
Estates covered: Ballybogey, Balnamore, Bendooragh, Carnany, Clintyfinnan,
Cloughmills, Corkey, Dervock, Druckendult, Dunaghy, Dunloy, Eastermeade,
Glebeside, Killyrammer, Loughgiel, Macfin, Margaret Avenue, Rasharkin,
Seacon, Stranocum, Townparks, Trinity Drive, Westgate
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Coleraine
19 Abbey Street
COLERAINE BT52 1DU
Tel: 7035 8111 Fax 7032 0961
Estates covered: Aghadowey, Articlave, Ballyrashane, Ballysally, Ballywoodock,
Boveedy, Brook Green, Burnside Park, Castlerock, Castleroe, Cherry Place,
Coleraine Town, Criagmore, Curraghmore Park, Drumadraw, Dunluce,
Farrenlester, Garvagh, Glenkeen, Glenleary, Glenmanus, Grove, harpurs Hill,
The Heights, Killowen, Kilrea, Macosquin, Maybuoy, Millburn, Newmills,
Portballintrae, Portrush, Portstewart, Society Street, The Crescent, Windyhall
West Area
Collon Terrace
14 Collon Terrace
LONDONDERRY BT48 7QP
Tel: 7137 3683 Fax 7126 0335
Estates covered: Ballymagroaty, Ballynagard, Belmont, Bloomfield, Bradley
Park, Bracken Park, Brookdale, Capal Court, Cashelhill Park, Carnhill, Culmore
Road, Coshquin, Earhart Park, Ederowen Park, Elaghmore Park, Fuglemen
Park, Fern Park, Galling Park, Glen caw, Knuckle Park, Hazel bank, Livermore
Park, Leaf air, Moss Park, Shan tallow, Woodlands
Waterloo Place
Ulster Bank Buildings
Waterloo Place
LONDONDERRY BT48 6BS
Tel: 7126 6227 Fax 7126 9073
Estates covered: Academy Road, Bishop Street, Brandy well, Cloughglass,
Creggan, Elmwood, Fountain, Foyle Road, Ivy Terrace, Lower Crescent,
Maureen Avenue, Meenan Park, Nixon’s Corner, Northland Road, Orchard Row,
Rosemount, Rossville
Waterside
2 Glendermott Road
Waterside
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LONDONDERRY BT47 1AU
Tel: 7131 1490 Fax 7134 3651
Estates covered: Altnagelvin, Ard nab rocky, Ardmore, Caw, Claudy, Clooney,
Currynierin, Fountain Hill, Drumhoe, Eglinton, Gobnascale, Hollymount Park,
Irish Street (Lisnagelvin), Kilfennan, Kincullbrack, Knockdara, Lerrshandoney,
Maydown, Melvin Court, New Buildings Park, Rossdowney, Strathfoyle,
Tullyalley, Waterside Triangle
Strabane
48 Railway Road
STRABANE BT28 3ET
Tel: 7138 2637 Fax Ext 200
Estates covered: Alexander Place Lower, Ardmore, Ardstraw, Artigarvan,
Ballycolman, Ballymagorry, Burdennett, Carlton Drive, Castlederg, Castletown,
Churchtown, Clady, Cullion, Donemana, Douglas Bridge, Dublin Road,
Erganagh, Fountain, Glebe, Killen, Killeter, Lisnafin Park, Magheramason, Main
Street, Melmount Road, Millbrook Gardens, Newtown Place, Newtownkennedy,
Newtownstewart, Plumbridge, Sion Mills, Spamount, Springhill Park, Urney Roa
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HOUSING SELECTION SCHEME GUIDANCE MANUAL
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10.14
PROCEDURES FOR DEALING WITH APPLICANTS WHO HAVE FAILED
TO PROVIDE IDENTIFICATION
10.14.1 INTRODUCTION
In most cases it is relatively straightforward that we do not process an
application if the Applicant refuses to supply Identification. However, if the
Applicant is being processed and accepted for Complex Needs
accommodation only through the Housing Support Officer I.D. will not be
required as identification would have already been established through the
health professional.
The Application must be registered with basic details listed in Appendix
10.14.1
37.
The Applicant must be visited and a full assessment carried out – this is for two
main reasons:
a.
to draw attention to the fact that the applicant has not provided I.D. (most
failures may simply be a case of the applicant preferring to provide the I.D.
verification during the visit). Therefore, it is very important that the visiting
officer explains that identification must be supplied in order to comply with
the Application Requirements necessary to be eligible under the Housing
Selection Scheme. They should advise the Applicant that their application
form cannot be processed unless they provide I.D. The appropriate
information should be recorded on the first page of the Visit Report that
this has been discussed with the Applicant and to confirm that the
Applicant still refuses to supply Identification.
b. there may be issues around homelessness which we would have a
statutory duty to investigate. The NIHE must discharge its homelessness
obligations regardless of whether the Applicant has supplied Identification
37 When dealing with Applicants from outside NI who has not provided I.D, you should then move on to
Step 10.14.3.
N.B. Eligibility in Relation to People From Abroad also apply refer to 10.9
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or not. If an Applicant who has refused to supply Identification however,
claims to be homeless / threatened with homelessness, or there would
appear from the visit / assessment to be issues which may suggest that a
homelessness investigation should be carried out, then it will be
necessary to open a homelessness investigation. [See below if issues
around homelessness are involved.]
10.14.2 NON-HOMELESS CASES
If the Applicant refuses to supply I.D. during the visit, then the Housing Officer
must issue Letter 1a (Appendix 10.14.2) upon return to the office and allow 14
(calendar) days for a reply. The Preferences or Answers to the Questions
should not be keyed at this stage.
See 10.14.8.
In relation to Applicants from outside NI who have not provided ID with their
Application the Housing Officer must follow the above procedure.
10.14.3 POTENTIAL HOMELESS CASES
Alternatively, if there are any issues regarding homelessness, then the Housing
Officer should issue Letter 1b (Appendix 10.14.3) and commence
homelessness investigations.
10.14.4 MAKING ENQUIRIES
Provided that the applicant has signed the declaration on the application form,
the designated officer should proceed with their enquiries in relation to
homelessness in the normal way.
Normal rules in relation to temporary accommodation placements apply,
regardless of providing Identification.
10.14.5 OUTCOME - POSITIVE DECISION
An Applicant who meets the statutory homeless criteria can be awarded 70
points as an FDA, in recognition of the full housing duty and can therefore be
placed on the Waiting List (Only the Preferences and the 70 FDA points should
be keyed). It will be necessary in such circumstances to issue a manual
decision letter notifying the Applicants of the outcome of the homelessness
investigation and the award of points (attached at Appendix 10.14.5). The
letter is worded to deal with both Homeless / threatened with homelessness
and should be deleted as applicable. The system generated points notification
letter should not be issued for such cases.
These Applicants are not entitled to any other housing need points from the
Selection Scheme, with the exception of Interim Accommodation Points
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(awarded if the applicant remains in temporary accommodation after 6 months,
having been placed under the homelessness legislation) and Time in Housing
Need Points (commencing after 2 years), if applicable. Both awards are
system generated. If these points are subsequently awarded by the system for
FDAs who have not supplied I.D. then the system generated points
amendment letters should not be issued. A manual point’s amendment letter
(attached at Appendix 10.14.6) should be issued instead.
Apart from the system generated points mentioned above, no points other than
FDA Points can be awarded to applicants who do not supply identification.
Where the reason for the Homelessness is intimidation / civil disturbance,
Intimidation Points cannot be awarded (Ensure that the answer to this question
is set to ‘N’). Therefore because of system validation, the Homelessness
Reason Code 16: ‘Other Action’ should be used in such circumstances.
The Selection Scheme rules that if an Applicant has been on the Waiting List
as an FDA for 6 months or more, then the system will apply the GHA policy by
automatically setting the GHA indicator to ‘Y’ and generating a GHA imposed
letter. Offices are notified through the Critical Date Report. This letter should
not be issued to such applicants who have not supplied identification. An
alternative manual letter, included at Appendix 10.14.7, should be issued
instead. All estates / projects within ‘real’ and ‘associated’ CLAs within the
GHA may need to be reviewed at this stage.
Note: The files for applicants who have been found to be FDA and have
not provided Identification should be clearly marked to avoid any
inadvertent award of points and to ensure that the correct letters are
issued.
10.14.6 OUTCOME -NEGATIVE DECISION
If there is a negative outcome to the homelessness investigations then the
appropriate Homeless Decision letter should be selected from e203 and issued
and the steps regarding Letter 2 should be followed. (See 10.14.8).
Note: If a FDA Applicant agrees to provide I.D. at a later stage, then all other
relevant points must be awarded.
If, after the 14 days have elapsed, the Applicant has failed to provide I.D. then
Letter 2 (Appendix 10.14.4) should be issued. The date on which the first letter
was issued should be inserted in the blank space provided. 7 (calendar) days
should be allowed for a reply. In some cases it may take longer than 14 days to
carry out the homelessness investigation (up to 30 days are permitted as the
performance objective) and therefore, it will not be possible to issue Letter 2
until the investigations are complete and a decision on homelessness reached.
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If the Applicant has not supplied I.D. within 7 days of the issue of Letter 2, then
the Application should be deleted using Deletion Code 13 – Application
Withdrawn.
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Appendix 10.14.1
Mandatory Information Required for Registration of Applicants
3.
Initial Registration Stage (PRAWL Event 201 Create Application/Transfer)
The minimum information that needs to be recorded onto the computer system
from the Application/Transfer and Visit Report form is;
• Address details
• Date of application
• Applicant's Title e.g. Mr/Mrs/etc
• Forename
• Surname
• Date of birth
• Sex
• Position in family e.g. head of household
• Ethnic origin e.g. white, Irish Traveller etc
• Religion
• Household composition
• Country of origin i.e. the Country from where the applicant is applying
• 1st time application (Y or N)
• Tenure
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Appendix 10.14.2
Northern Ireland Housing Executive
Housing The Housing Centre
2 Adelaide Street
Executive Belfast BT2 8PB
Telephone: 028 9024 0588 : Fax 028 9031 8008
Textphone: 0845 6504381
www.nihe.gov.uk
Mr A Anybody
23, Any Street,
Anywhere,
BT2 8PB
Your Ref:
Our Ref:
5 November, 2015
Dear
SAMPLE LETTER 1a
I refer to your housing application.
As you have failed to provide Identification, the Housing Executive is unable to
adequately assess your application.
I regret to inform you that unless you are willing to provide Identification within the
next 14 days, the Executive is likely to conclude that you have failed to comply
with the necessary requirements of the Housing Selection Scheme Rules and
therefore you would not be eligible to be considered under the Housing Selection
Scheme.
Please contact me so that arrangements can be made for you to supply
identification.
Yours sincerely
District Manager
HSS Guidance Manual Chapter 10. 9 Persons From Abroad Page 202 of
209
Appendix 10.14.3
Housing N Northern Ireland Housing Executive
T The Housing Centre
Executive 2 2 Adelaide Street
Belfast BT2 8PB
Telephone: 028 9024 0588 Fax 028 9031 8008
Textphone: 0845 6504381
www.nihe.gov.uk
Mr A Anybody
23, Any Street,
Anywhere,
BT2 8PB
Your Ref:
Our Ref:
5 November, 2015
Dear
SAMPLE LETTER 1b (POTENTIAL FDA)
As you have failed to provide identification, the Housing Executive is unable to
adequately assess your application.
I regret to inform you that unless you are willing to supply the necessary
documentation
within the next 14 days, the Executive is likely to conclude that
you have failed to comply with the necessary requirement of the Housing
Selection Scheme Rules.
Please contact me so that arrangements can be made for you to provide
Identification.
In the meantime, we will continue to consider your application under the
homelessness legislation, with a view to ascertain if you are owed the “full duty”
under that legislation, however we would strongly advise you to supply I.D. to
ensure that you are awarded all housing need points which you may be entitled
to.
Yours sincerely
District Manager
Appendix 10.14.4
Housing Northern Ireland Housing Executive
Executive The Housing Centre
2 Adelaide Street
Belfast BT2 8PB
Telephone: 028 9024 0588 : Fax 028 9031 8008
Textphone: 0845 6504381
www.nihe.gov.uk
Mr A. Anybody
3, Any Street,
Anywhere,
BT2 8PB
Your Ref:
Our Ref:
5 November, 2015
Dear
SAMPLE LETTER 2
I refer to my previous correspondence dated in which I
advised that the Housing Executive is unable to adequately assess your
application as you have failed to provide Identification.
Failure to supply I.D. effectively means that the Executive will not be able to take
further action under the Housing Selection Scheme arrangements.
Please contact me within the next 7 days, otherwise, it will be assumed that you
are no longer interested in housing and your application will be cancelled.
Yours sincerely
District Manager
Appendix 10.14.5
Housing NNorthern Ireland Housing Executive
TThe Housing Centre
Executive 2 2 Adelaide Street
Belfast BT2 8PB
Telephone: 028 9024 0588 : Fax 028 9031 8008
Textphone: 0845 6504381
www.nihe.gov.uk
Mr A. Anybody
23, Any Street,
Anywhere,
BT2 8PB
________________________________________________________________
Your Ref:
Our Ref:
5 November, 2015
SAMPLE HOMELESS DECISION LETTER Dear
NOTICE OF DECISION – HOUSING (NI) ORDER 1988
I am writing to you concerning your request for accommodation for you as a
homeless person / person threatened with homelessness.
*
Under the terms of the above Order, the Executive has accepted you as a person
who is unintentionally homeless and in priority need. As you have refused to
supply Identification, you will be registered on the waiting list with 70 Insecurity of
Tenure – Full Duty Applicant points only.
If you remain on the Waiting List as a Full Duty Applicant after six months, you
will be considered for accommodation within the general catchment area of your
preferred choice, in line with the General Housing Area policy.
A leaflet explaining how the Executive assesses homelessness, and the advice
and assistance available from the Executive is enclosed. If you wish to avail of
these services or discuss this notice further, you should contact
__________________________________ at this office.
Once again, I would strongly urge you to provide Identification, so that you can
obtain all the housing need points you may be entitled to.
I trust this is of assistance to you.
Yours sincerely,
District Manager
Northern Ireland Housing Executive
The Housing Centre
2 Adelaide Street
Belfast BT2 8PB
Housing
Telephone: 028 9024 0588 : Fax 028 9031 8008
Executive
Textphone: 0845 6504381
www.nihe.gov.uk
Mr A. Anybody
23, Any Street,
Anywhere,
BT2 8PB
Your Ref:
Our Ref:
5 November, 2015
Dear
SAMPLE POINTS AMENDMENT LETTER
Your application for housing / a transfer was registered on
___________________________.
Your points total has been amended to ______ from ______ for your area of
choice_______________________________________.
Your points total has been amended to ______ from ______ for your area of
choice_______________________________________.
It is important that you let us know at once of any change in your address or in
your circumstances.
Once again, I would strongly urge you to supply Identification, so that you can
obtain all the housing need points you may be entitled to.
Should you require any information or advice about your application or housing
prospects, please contact this office.
Yours sincerely,
District Manager
Appendix 10.14.7
Housing NNorthern Ireland Housing Executive
TThe Housing Centre
Executive 2 2 Adelaide Street
Belfast BT2 8PB
Telephone: 028 9024 0588 : Fax 028 9031 8008
Textphone: 0845 6504381
www.nihe.gov.uk
________________________________________________________________
________
Mr A Anybody
23, Any Street,
Anywhere,
BT2 8PB
Your Ref:
Our Ref:
5 November, 2015
Dear
SAMPLE GHA IMPOSED LETTER
Further to you application for housing / a transfer, I am writing to confirm that you
person to whom the Housing Executive has a duty under the Housing (N.I.) Order
1988 and awarded ‘Homelessness / Threatened with Homelessness – Full Duty
Applicant’ points. As you have not been allocated accommodation on a
permanent basis after six months, in accordance with the rules of the Housing
Selection Scheme, your area(s) of choice are now being widened out and you will
now be considered for accommodation in the General Housing Area surrounding
your area(s) of choice:
Area x
Area y
This means that you may be offered accommodation by either the Housing
Executive or housing associations in both the area(s) of choice listed and the
surrounding areas. You will be placed on the Common waiting List to be
considered by all such providers unless you have indicated otherwise. Details of
the estates / projects included in the General Housing Area are included.
It is important that you let us know at once of any changes in your address.
Should you require any information or advice about your application, or housing
prospects, please contact this office.
Yours sincerely,
District Manager
HOUSING SELECTION SCHEME GUIDANCE NOTES
Reviewed December 2006
Appendix 10.14.8
Procedures for Dealing With Applicants Who Have Failed To Provide I.D.
Application received – I.D. not supplied
Application should be registered as normal –
Is there any indication that
see Appendix 10.14.1: mandatory information
the applicant is homeless
required
threatened with
homelessness?
Carry out visit / assessment.
Yes
Explain Application Requirements and
ensure that Applicant is aware of
No
consequences of not providing I.D.
If Applicant has refused to provide
I.D. during Visit
-Issue Letter 1b (see
Appendix10.14.3)
Visit/Assessment should not be
keyed
If Applicant has refused to supply I.D. during
Visit - Issue Letter 1a (see Appendix 10.14.2)
Visit/Assessment should not be keyed
Carry out homelessness
investigations and make
enquiries where possible
See notes re: Making
Enquiries
Allow 14 days for
applicant to supply
Following investigations,
I.D.
Issue the correct homeless
decision letter
Negative
Outcome
N
Positive
If failure to supply I.D.
Outcome
within 14 days of Letter 1-
issue Letter 2 (see
Select
Appendix 10.14.4)
appropriate
Issue manual letter (see
letter from
Appendix 10.14.5) and
key on Preferences and
e203
FDA points only
If failure to provide I.D.within 7
days of Letter 2 - delete
If Applicant agrees to provide
application Using Deletion Code
I.D. later – all other relevant
13.
points must be awarded
208
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Reviewed December 2006
209
Document Outline