Homelessness Disqualfication
A person becomes intentionally homeless if they enter an arrangement under which they are required to cease to occupy accommodation which it would be reasonable for them to continue to occupy. This applies where the purpose of the arrangement is to enable them to become entitled to assistance and there is no other good reason why they are homeless or threatened with homelessness.
Intentionality is determined reference to the commencement of homelessness. Where a person is applying for temporary accommodation, the decision looks back to the last settled address to ascertain why they left the accommodation. Generally, the look back is only a year.
A person may be regarded as intentionally homeless if their landlord seeks possession as a result of breach of tenancy, leaving a protected tenancy, refusing suitable alternative accommodation from the landlord, sale or repossession as a result of a deliberate act, voluntarily losing employment and thereby losing tied accommodation, leaving accommodation for a personal preference rather than social health, employment needs.
The Executive has a duty to provide advice on homelessness, on request, free of charge.
A person who is unintentionally homeless, in priority need and who qualifies for assistance is given full duty applicant status and 70 points under the housing selection scheme. Additional points may be awarded under other categories. Once they are assessed, they are placed on the housing list of Housing Executive and registered Housing Association. The properties are offered generally to the person with the highest number of points. Persons with an equal number of points are ranked with reference to the time of application.
Once a person is determined homeless and is on the waiting list, they are entitled to three reasonable offers of accommodation. What is reasonable depends on the circumstances and needs of the applicant. The accommodation must be suitable for their household.
It must be in a suitable location, having regard to their place of work, essential support requirements, schools, etc. The property must be suitable having regard to the household’s needs and must be in a fit and reasonable state of repair and safe for occupation and use at the commencement of the tenancy.
A person may challenge a decision as to the suitability of the accommodation offered. This covers both temporary accommodation and the actual offer of a tenancy.
If three reasonable offers are refused, a person is not entitled to receive further offers for a year from refusal. Points would be lost under headings.
If it is accepted that the offer is unreasonable, a new offer must be made.
Where the Housing Executive decides not to exercise a discretionary power, a formal complaint may be lodged through the complaints process. After the internal complaints process is completed, the matter is subject to judicial review.
Where the Executive refuses to exercise discretionary powers to provide interim accommodation pending an appeal, there is provision for an appeal to be sent to court against the decision.