Emergency Social Housing Allocations Policy

Eligibility and Preference

Eligibility

2.1  Anyone can apply to be considered for housing under this Policy. Not every applicant will be eligible for housing under this Policy though not every applicant will be determined to be eligible and able to join the Housing Register (see 2.2 to 2.4 below). The Council maintains a Housing Register of housing applicants for itself, as well as for its Partners who have chosen to adopt this, Policy.

2.2  Allocations can only be made to eligible persons and the Council cannot nominate to certain people coming from abroad with limited rights to remain in the United Kingdom or who are subject to immigration control (unless they are of a class prescribed by the Welsh Ministers – see 2.4). Persons from abroad can include British Citizens who have lived outside of the Common Travel Area and are not habitually resident in the Common Travel Area.

2.3  Persons subject to immigration control who are eligible for an allocation of housing accommodation and housing assistance are listed in Regulation 3 and 5 of The Allocation of Housing and Homelessness (Eligibility) (Wales) Regulations 2014. By regulations 4 and 6 of these Regulations, the Welsh Ministers prescribe the classes of person who (whilst not subject to immigration control) are to be treated as persons from abroad who are ineligible for an allocation of housing accommodation, or for housing assistance, respectively. This is set out in Appendix One.

2.4  The Council is entitled, in accordance with S160A Housing Act 1996 to restrict access to its Housing Register by means of and in accordance with the introduction of additional eligibility conditions.

• Carmarthenshire County Council will restrict access to its housing register to a person if they or a member of their household, has been guilty of unacceptable behaviour serious enough to make them unsuitable to be a tenant of the authority; and in the circumstances at the time their application is considered, they are unsuitable to be a tenant of the authority by reason of that behaviour
  When the Council refer to “behaviour” it means anti-social behaviour and other prohibited conduct which comes within section 55 of the Renting Homes (Wales) Act 2016. This is set out in Appendix Two.

2.5  We must also be satisfied that applicants do not meet any of the criteria which would prevent them from qualifying for the allocation policy. These criteria include:

• Deliberately worsening their circumstances in order to gain advantage on the policy.
• Providing false information or withholding information, which is a criminal offence.

2.6 To join the Housing Register applicants must be 16 years of age or over (though see 3.14 below).

2.7 It is important to note that, whilst we allow 16 and 17-year-olds to join the Housing Register, they cannot legally hold a tenancy in their own name until they turn 18. This means that they need to have someone who can act as a guarantor and hold their tenancy in trust for them.

Preference Overview

2.8 Preference will be given on the Housing Register to applicants who:

• Have a housing need.
• Wish to be considered for sheltered accommodation and accommodation for older people (for over 55s); requiring extra care housing (Housing with care and support; have been assessed as requiring an adapted home; or wish to register for Low-Cost Home Ownership (LCHO)
• Are unable to financially meet their own housing needs.
• Are living or working in the local authority area and/or meet the local connection requirements (Appendix Three); or meet one of the requirements for having an exception to local connection requirements.

2.9 No preference will be given to applicants who:

• Have the financial resources available to meet their housing costs.
• Have been guilty, or a member of their household has been guilty, of unacceptable behaviour serious enough to make them unsuitable to be a tenant of the Council AND in the circumstances at the time their case is considered, they deserve, by reason of that behaviour, not to be treated as a member of a group of people who are to be given preference.
• Do not have a local connection to Carmarthenshire, as defined at section 81 of the Housing (Wales) Act 2014, unless they are exempt from the local connection criteria as set out in Appendix Three

Conclusion

2.10 The Council will consider all applications for social housing that are made in accordance with the procedural requirements of this Policy. In considering applications, however, the Council must ascertain if an applicant is eligible for accommodation or whether he or she is excluded from allocation.

2.11 For further details about eligibility and exclusion please refer to Section 3. It should be noted that the law in relation to eligibility is complex and subject to change.