Homelessness - What enquiries will be made?
There are five enquiries which need to be made to find out what
kind of help the Council has a duty to provide you with. It is
important that you provide full and truthful information when
requested.
Are you Homeless?
The Housing Act 1996 as amended by the Homelessness Act 2002
states that you are homeless if you have no accommodation
available in the United Kingdom or elsewhere. This means
that if you have suitable accommodation anywhere in the world which
is available to you then you are NOT homeless. The Housing Act also
says that you are threatened with homelessness if
you are likely to become homeless within 28 days. You are also
considered to be homeless if you have accommodation available to
you but:
- It is not reasonable for you to live there with the people who
would normally live with you as members of your family. This
includes partners, children and carers.
- You are not legally entitled to occupy it because you have had
a court order requiring you to leave, or you are a tenant with no
right to remain where you are.
- Your accommodation is not reasonable for you to occupy. For
example, it is in poor physical condition and is beyond reasonable
repair, or you cannot get it repaired for a good reason.
- You are at risk from violence in the property.
If you are worried about becoming homeless you should get advice
as soon as possible. There is no need to wait
until you are actually homeless or “threatened with homelessness
within 28 days”. In fact, it may be possible for you to get advice
which could prevent you from losing your home. If you need to find
other accommodation you can get advice about this too.
Are you Eligible for Assistance?
Everyone is entitled to housing advice from their Local
Council. If you need further assistance then the Council
must find out whether you are eligible to receive
further assistance.
You will not be eligible for assistance if you
are subject to immigration control, although there
are exceptions. You will be subject to immigration
control if you are not in one of these groups.
- A British Citizen or a Commonwealth Citizen (this will be shown
on your passport) who has the right to live here.
- A Citizen of one of the following countries: Austria; Belgium;
Denmark; Finland; France; Germany; Greece; Ireland; Italy;
Luxembourg; the Netherlands; Portugal; Spain; Sweden; and the
United Kingdom.
The exceptions to this rule, which mean you MAY
be eligible for assistance although you are subject to immigration
control are listed below.
- You have been granted refugee status in the United
Kingdom.
- You have been given permission to enter or stay in this country
(providing you have not been told you cannot use public
funds).
- You have permission to enter or stay in this country with no
time limit.
- You are a citizen of Turkey, Malta, Iceland, Norway or
Cyprus.
- You receive an income-based job seekers allowance or are in
receipt of income support.
In addition, you must be “habitually
resident”, in other words you must live in this country.
This means that even if you are a British Citizen, if you have
lived away from the country for a length of time you may not be
eligible for assistance.
The “habitually resident” rule does not apply to you
if:
- You have refugee status.
- You have exceptional permission to enter or stay in the
country.
- You are an asylum seeker who is eligible for assistance.
- You are a “worker” for the purposes of EEC regulations.
- You have the right to live outside the UK under an EEC council
directive.
If you are NOT “eligible for assistance” then
you will be given advice about how you can find accommodation, and
it may be possible to put you in contact with other organisations
who might be able to help you.
If you ARE “eligible for assistance” then
further enquiries will be made as explained below.
Are you in 'Priority Need'?
If you are homeless and eligible for
assistance, then the Council needs to determine whether
you are also in priority need. This is because the Council has a
duty to provide immediate temporary accommodation, if needed, for
people who are homeless eligible for assistance
and who may be in a priority need.
You are considered to be in priority need
if:
- You, someone you live with or someone who might reasonably be
expected to live with you, is pregnant.
- You have dependant children living with you or who might be
expected to live with you.
- You are vulnerable as a result of old age, mental illness or
handicap or physical disability or other special reason, or someone
who lives with you or might be expected to live with you is
vulnerable for these reasons.
- A relevant child (a child aged 16 or 17 who has been
looked after by a local authority for at least 13 weeks since the
age of 14 and has been looked after at some time while 16 or 17 and
who is not currently being looked after) or,
- A child in need who is owed a duty under s.20 of the Children
Act 1989 (The Children Act 1989 (s.20(3)) places a duty on social
services authorities to provide accommodation for a child in need
aged 16 or over whose welfare is otherwise likely to be seriously
prejudiced if they do not provide accommodation).
- You are homeless as a result of flood or other disaster.
If you are not “in priority need” you are
entitled to advice and assistance to help you to find your own
accommodation, or to prevent you from losing any accommodation you
may have at the moment.
If you are homeless or threatened with homelessness and in
priority need then further enquiries need to be made.
Are you Intentionally Homeless?
By law, it is necessary to find out whether you are homeless
through no fault of your own. If you lost your accommodation
through a deliberate act which you knew would make you homeless
then you can be found to be “intentionally homeless”.
For example, you are “intentionally homeless”
if:
- You sell or give up your home when there is no need to and you
do not find other suitable accommodation before you sell or give up
your home.
- You do not pay your rent or mortgage repayments when you can
afford to.
- You ignore housing advice which would have prevented the loss
of your home.
- You are evicted because of anti-social behaviour.
- If you are intentionally homeless then you will be entitled to
advice and assistance to help to prevent you from losing your home
(if you have one).
If you are already homeless then you may be entitled to
accommodation for a reasonable period of time, usually 28
days, while you find accommodation of your own.
If you are not intentionally homeless then you may be entitled
to further assistance.
Do you have a 'Local Connection'?
You have a “Local Connection” with Dover
District Council if:
- You normally live here, or lived here in the past, of your own
choice.
- You are employed here (other than in the Armed Forces).
- You have close family living here.
- There are other special circumstances which connect you to this
area.
If you have a Local Connection with Dover District Council then
any assistance you are entitled to will be provided.
If you do not have a Local Connection with Dover District
Council, but you have a connection with another area then this
Council will refer you to a Council where you have the Local
Connection. If there is more than one Council where you have a
Local Connection then you can choose which one you would like to go
to.
You will not be referred to another Council if you are
at risk from domestic violence there.
You do not have to go to the Council where you have the
strongest Local Connection. Providing you have a
Local Connection with the Council where you apply as homeless you
will not be referred elsewhere.
If your case has been referred to another Council then you may
be entitled to accommodation until the other Council agree to
accept your case.
If you do not have a Local Connection in any area, then the
first Council you applied to as homeless has the duty to provide
you with advice and assistance.
You cannot be referred to another Council if you are homeless or
threatened with homelessness intentionally.
Contact Housing
Tel: 01304 821199
email housing.options@dover.gov.uk
