Purpose and Objective

The purpose of this document is to explain the Community Housing Eligibility policy.

Scope

• This policy applies to all applicants for social housing under Housing This policy also aligns with the Community Housing Access Policy and Community Housing Eligibility Policy.
• This policy describes the organisation’s objectives and policies regarding Community Housing Eligibility. 

References

Housing Plus will manage Community Housing Eligibility in accordance with:

• Residential Tenancies Act and Regulations
• NSW Community Housing Eligibility Policy
• NSW Housing Pathways: Eligibility for Social Housing Policy
• The terms of the residential tenancy agreement
• Housing Plus policies

Definitions

Term: The NSW Housing Register

Definition: When a client is eligible for social housing or transfer, the social housing provider will place them on the NSW Housing Register. FACS and participating community housing organisations including Housing Plus will then use this register to offer housing when a suitable property in the social housing sector is available.

Legislation and Compliance

FACS and community housing providers are able to provide housing assistance in accordance with the Housing Act 2001.

Responsibilities

Executive

1. Establish policy objectives

Management

1. Develops policies and procedures to achieve policy objectives
2. Coordinates and implements policy for Community Housing Eligibility
3. Oversees training and ensures adoption by all employees responsible for Community Housing Eligibility
4. Reviews policy and procedure on biannual basis to ensure compliance with legislation and adopts accordingly

Employee

1. Understand and comply with Housing Plus policies regarding Community Housing Eligibility

Policy

To ensure that community housing assists clients who are most in need, the eligibility criteria for community housing concentrates on assisting:

• Clients on low income that need support to help them live independently, and
• Clients on low income that have problems finding affordable housing in the private market that is suited to their needs.

Housing Plus will assess eligibility and priority for clients seeking social housing.

Eligibility for social housing

To be eligible for social housing, clients must:

• Establish their identity, and
• Be resident in New South Wales (NSW), and
• Be a citizen or have permanent residency in Australia, and
• Have a household income within the income eligibility limits, and
• Not own any assets or property which could reasonably be expected to resolve their housing need, and
• Be able to sustain a successful tenancy, without support or with appropriate support in place, and
• If applicable, make repayments of any former debts to a social housing provider, and
• In general, be at least 18 years of age.

Notwithstanding anything in this policy, a client may be ineligible for housing assistance if:

• He or she has a history of having committed registrable offences, and
• It is likely that the presence of that client in community housing will:
  • cause antisocial behaviour, or
  • present an unacceptable risk of harm to the client, to other community housing occupants or to other community housing occupants or to neighbours

Income Eligibility

To determine whether a household meets the income eligibility for social housing, Housing Plus will:

• Assess income eligibility according to the applicant’s household size, type and gross assessable household
• Apply a number of income eligibility limits and assessment rules. For more information, go to Income eligibility limits and Income eligibility assessment rules.

Clients applying for social housing must provide proof of income. For more information go to Proof of income and assets.

There are no minimum income criteria. Permanent residents with no income are able to apply. Where a client declines to apply for a Centrelink income, the social housing provider will assess the client as receiving a basic Centrelink income support payment, for example, Newstart Allowance

Clients who own or part own property

If the client or their partner owns or has a share in property (including land) that could provide a viable alternative to social housing, they are not eligible for social housing if they are able to:

• Live in the property, or
• Sell their equity in the property.

Housing Plus may waive the property ownership rule in certain cases such as:

• they are in the process of negotiating a property settlement resulting from a relationship
• they need to move to NSW for specialist long-term medical treatment that is not available in the State they are currently living
• they are escaping domestic violence, serious harassment or threats of violence
• the property is located overseas

Applicants who are under 18 years of age

Generally, an applicant must be at least 18 years of age before a provider can consider them for social housing. However, Housing Plus will consider applicants under 18 if:

• They meet all the general eligibility criteria for social housing , and
• They have an income, and
• Social housing is the best way to meet their accommodation needs, and
• The provider is satisfied they are able to meet tenancy obligations.

Under the Children and Young Persons (Care and Protection) Act 1998:

• A child is under 16 years of
• A young person is aged 16 years or over but under 18 years of age.

A child is not eligible for social housing. In these situations, Housing Plus will make a referral to Community Services for alternative accommodation and support services for the child.

Priority housing assistance

Priority housing aims to meet the urgent housing needs of applicants who require long-term housing assistance.

To be eligible for priority housing, applicants must meet all three of the following criteria:

• Eligible for social housing, and
• In urgent need of housing, and
• Unable to resolve that need themselves in the private rental market.

Criteria 1 – Eligible for social housing

To be eligible for priority housing, an applicant must meet the general eligibility criteria for social housing, as outlined above.

Criteria 2 – In urgent need of housing

An applicant may demonstrate that they have an urgent housing need if they are experiencing one or more of the following:

• Unstable housing circumstances, and/or
• At risk factors, and/or
• Existing accommodation is inappropriate for their basic housing requirements.

Criteria 3 – Unable to resolve that need themselves in the private rental market

Housing Plus will assess a client’s ability to resolve their urgent housing need in the private rental market by looking at the following factors, which may make it difficult to rent privately:

• Any assets or savings the client could use
• The client’s housing requirements, such as the number of bedrooms their size household requires, or the need for disability modifications.
• The appropriateness of alternative housing options such as supported accommodation, or Rentstart.
• The availability and cost of private rental accommodation that matches the client’s housing requirements in their preferred area, as well as other suitable areas.
• The inability of the client to obtain private rental accommodation due to any personal circumstance or characteristic which is likely, or has been shown, to reduce their access to private rental.
• Whether the client has a psychiatric, developmental, or intellectual disability or mental illness, which makes it difficult for them to rent in the private market.
• Private rental brokerage would not be, or has not been, successful.

The client’s ability to afford private rental accommodation is determined by assessing all forms of income received by the household. Housing providers will consider that rent is affordable if it does not exceed 50% of the household’s total gross weekly income, plus 100% of Commonwealth Rent Assistance.

A client’s ability to afford private rental accommodation is based on their gross household income. For priority housing assessment purposes, housing providers cannot take personal debts of any kind into consideration. Clients who are experiencing serious hardship due to debt should contact the Office of Fair Trading for information on financial counselling groups and services.

For more information, go to Eligibility for priority housing – urgent housing needs.

Eligibility of Former Tenants

Where a former social housing tenant has left the premises with an unsatisfactory tenancy record due to rental arrears or significant tenant damage, the tenant will be admitted to the waiting list, but will not be made an offer until the cost of arrears/damage less than $500, or a satisfactory record of payment for longer than 6 months has been established.

Where a tenancy has been deemed to be unsatisfactory for other reasons, such as;

• Substantial complaints of nuisance and annoyance on an ongoing basis or over a lengthy period,
• A substantial complaint of a serious magnitude,
• Illegal activities carried out by a member of the household,
• Arson or deliberate destruction of Housing Plus property,
• Physical attacks or severe threats of violence to neighbours or Housing Plus staff;

If a former tenant stops repaying their debt they will become ineligible for allocation of housing with Housing Plus.

Shared Accommodation

It is the policy of Housing Plus not to enter into share accommodation arrangements for unrelated persons other than those involving a joint arrangement between the organisation and another support service.

Community Housing Eligibility Policy

Last updated – November 2018