Eligibility for Public Housing - ALL0030A

Policy Statement

Housing NSW provides housing assistance for people on low incomes living in New South Wales who have a housing need. Housing NSW has made changes to the way in which public housing is allocated in NSW. Public housing is a scarce resource and to make sure that housing is allocated to those who are most in need and can least afford accommodation in the private market each applicant for public housing must meet certain eligibility criteria.

To ensure public housing assists those in the greatest need, the eligibility criteria for public housing concentrates on assisting people on low incomes who need support services to help them live independently; and households on low incomes who have problems finding affordable housing in the private market that is suited to their needs.

This means a move away from using income as the primary eligibility criteria for public housing to also include an assessment of the needs of a person, a couple or a family that may be affecting their capacity to find affordable housing.

Housing NSW will clearly explain all client entitlements, assessment outcomes and housing options.  
 

Application to Aboriginal Housing Office Clients

This policy also applies to clients of the Aboriginal Housing Office (AHO) applying for AHO properties managed by Housing NSW.

Service Standards

Applicants can expect Housing NSW to:

• Explain the eligibility criteria
• Explain that proof of income is required for all members of an application aged 18 years and over
• Explain the documentation required as proof of income and provide any extra forms needed 
• Consider appropriate options available to the applicant including Community Housing and advise them about the range of Housing NSW services which could be useful to them 
• Clearly explain why an application is not approved or a service not provided
• Treat information that is provided by the applicant in a confidential manner.

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Change in Circumstances

The applicant must tell Housing NSW within 28 days about any changes to their household circumstances including any changes to the people the applicant may wish to be included on the application and any changes to the gross income of any member of the household.  When Housing NSW is informed about changes to household or household income we will reassess the application to ensure the household is still eligible.

Housing NSW will, from time to time, review the current circumstances and the income details of all applicants. 

Policy Detail

The Eligibility Criteria

To be eligible to be admitted to the Housing Register, applicants must meet the following criteria:

• Be a citizen or have permanent residency in Australia
• Be resident in New South Wales (NSW)
• Establish your identity
• Have a household income within the income eligibility limits
• Comply with the Housing NSW policy on asset ownership
• Be able to sustain a successful tenancy (with or without support)
• If a former tenant, make repayments of any former debts to Housing NSW
• Generally, be at least 18 years of age.

Additional criteria apply to former public housing tenants who have a less than satisfactory or unsatisfactory tenancy history. For more information see the policy on Housing Former Tenants (ALL0031A). 

The Housing and Human Services Accord

The Accord aims to assist social housing tenants with complex needs to receive the support services they need to live independently and maintain their tenancies.

It provides an overarching framework for human service agencies – both government and non-government to work in partnership to support the most vulnerable and disadvantaged in our community.

Clients referred through Shared Access Accord Partner Agencies must be eligible for Public Housing and Priority Housing (includes being able to live independently and sustain a tenancy with support) as well as demonstrating they are willing to receive housing and support through a formal Accord partnership. 

Clients referred through Shared Access must be approved under a valid Operating Agreement and Service Level Agreement.

For further information refer to Housing and Human Services Accord

Related Policy:  See Priority Housing.

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Citizenship or Permanent Residency

Applicants must be Australian citizens, permanent residents or New Zealand citizens granted the Special Category Visa who are not under a sponsorship arrangement.

To prove Australian Citizenship, applicants will be asked to provide one of the following for each person over 18 years listed on their application:

• An Australian birth certificate or 
• A current Australian passport or
• A current passport if not an Australian citizen or
• Australian citizenship certificate/papers.
  

If an applicant, who was born in Australia or has a right to Australian citizenship, is unable to provide a birth certificate, Housing NSW will refer them to the NSW Registry of Birth, Deaths and Marriages for information on how to obtain a birth certificate. An Australian birth certificate is an essential status document and the Registry of Births, Deaths and Marriages can provide birth certificates where the birth has been registered. The Registry also provides a flexible system which allows people to confirm their birth by late registration if registration never occurred.

In addition, applicants who can apply for public housing include those that:

• Arrived on their parents’ passport
• Came to Australia on the Assisted Migrants Passage (1945 - 1973)
• Have been granted Onshore Permanent Protection Visas
• Have a New Zealand passport (providing they are not under a sponsorship arrangement)

Generally, other household members must be permanent residents, but there are some exceptions. These exceptions include:

Spouses who are temporary residents
Partners and dependant children of Australian citizens or permanent residents, who are temporary residents awaiting permanent residency, may be included in the household of an eligible applicant.

Sponsored migrants
Sponsored migrants are not eligible to apply for public housing while under the two-year sponsorship arrangements even though they may be permanent residents. They may be included in the household of an eligible applicant.

People Applying for Protection Visas/Asylum seekers
People applying for Protection Visas are also known as asylum seekers. They may be considered for Rentstart (RES0010A) or Emergency Temporary Accommodation (ALL0070A) if they are homeless and are waiting for resolution of their Protection Visa application (Permanent or Temporary).

People granted a Permanent Protection Visa (PPV) are recognised as refugees and can apply for public housing and other types of housing assistance provided they meet the eligibility criteria that applies.

People granted a Temporary Protection Visa (TPV) are temporary entrants and are not eligible for public housing. However they may be:

• eligible for Rentstart
• considered for short-term housing if the applicant is in a critical situation. See the policy on Emergency Temporary Accommodation (ALL0070A)
• eligible for assistance from CAP/SAAP funded programs.

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Applicants Overseas

Applicants who are overseas for up to 6 months may still be eligible for public housing.  It is their responsibility to prove that they were still eligible while they were overseas.

Applicants who were overseas for more than 6 months but less than 12 months may maintain their place on the Housing Register in unusual circumstances which are based on compassionate grounds such as:

• Illness or death of close family member 
• Outstanding legal matters including sale of home or assets
• Inability to return because of civil unrest or war 
• Severe medical problems that prevent the applicant from returning to Australia.

The applicant must provide documentation to establish:

• The period of time they were overseas
• The reasons for their stay 
• Accommodation arrangements 
• Their source of income while overseas.

Housing NSW will consider these factors when making a decision. Similar conditions apply for interstate applicants. See Residence in NSW.

Residence in New South Wales (NSW)

Applicants and other household members must live or work in NSW. The NSW residency rule may be waived for any of the following compelling reasons:

• The applicant lives in a NSW border area such as Albury-Wodonga, Tweed Heads-Coolangatta 
• The applicant lives outside a border town but accesses medical, educational, or commercial facilities in NSW
• The applicant needs to move to NSW for specialist medical treatment that is not available in the State they are currently living in
• The applicant needs to move to NSW to escape domestic violence, serious harassment, or threats of violence.

Applicants who move out of NSW for less than 6 months can stay on the Housing Register, provided they still meet the eligibility criteria and are not living in public housing in another State.

If the applicant is out of NSW for more than 6 months, but less than 12 months, they must provide a satisfactory reason such as:

• Illness or death of close family member
• Outstanding legal matters including sale of home or assets
• Severe medical problems that prevent the applicant from returning to NSW.

The applicant must provide appropriate documentation to establish:

• The period of time they were interstate
• The reasons for their stay
• Accommodation arrangements 
• Their source of income while interstate.

Housing NSW will consider these circumstances when making a decision to waiver the NSW residency rule. 

Similar conditions apply for applicants who travel overseas. See Applicant Overseas.

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Establish your Identity

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Household Income

Household income means the total gross income of all people included in the application for public housing. This includes income that is gained from:

• Wages
• Pensions or benefits 
• Most government allowances 
• Interest on investments 
• Child support and maintenance payments.

Public Housing Income Eligibility Limits

The Public Housing income eligibility limits are a range of income thresholds that specify the maximum income (before tax) that a household can earn and stay eligible for public housing.

The maximum income eligibility limit for any household type can be determined by adding together the income eligibility limit amounts for each adult and first child and any additional adults or children in the household. To be eligible for public housing, the gross household income must be equal to or below the limit.

All household income eligibility limits, including disability allowances will be reviewed and indexed to keep pace with the cost of living.

Current income limits are described below in Table 1 Public Housing Income Eligibility Limits.

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, Housing NSW will assess them as receiving a standard Centrelink income support payment. 

Household types are based on the number of adults and children in a household. Housing NSW defines adults as people 18 years or over and children as people aged under 18 years.  Relationships within a household are not taken into consideration when determining household type.

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Public Housing Income Eligibility Assessment Rules for applicants who applied after 27 April 2005

The income eligibility assessment rules are:

1. Family Tax Benefit A & B (including the Large Family Supplement) are included in the assessment of income.
2. The first $5000 of each adult household member’s total amount of savings and financial assets is exempt from assessment for public housing eligibility. For more information refer to Table 3 Income and Assets below.
3. A disability allowance can be added to the income eligibility limit for each adult or child in a household who can demonstrate that they have incurred expenses as a result of a medical condition, disability or permanent injury. For more information refer to the section Applicants or household members with disability, medical condition or permanent  injury expenses.
4. An exceptional disability allowance can be added to the total income eligibility limit for each adult or child in a household who can demonstrate that they have incurred expenses that exceed the disability allowance as a result of a medical condition, permanent injury or disability. This allowance is applied instead of, but not in addition to the disability allowance a client may have already qualified for. See Table 1 for more information about the disability allowance and the exceptional disability allowance amounts.

Table 1 – Public Housing Income Eligibility Limits, using gross assessable income

All applications are assessed against these income eligibility limits. Applications that fail this assessment because their income exceeds the relevant limit may be entitled to a second assessment against a different set of income eligibility limits because their income eligibility has been preserved. This applies to applications that were received before 27 April 2005.

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Public Housing Income Eligibility Assessment Rules for households who applied before 27 April 2005

Households who applied for public housing before the announcement of the Reshaping Public Housing reforms on 27 April 2005, will have their income eligibility preserved (‘grandfathered’).  This means that they can remain on the housing register as long as they continue to meet the previous income eligibility limits in addition to all other eligibility criteria for public housing.

The following assessment rules apply for households who applied for public housing before 27 April 2005:

1. Households who applied for public housing before 27 April 2005 will first be assessed against current income limits as described in Table 1. If they do not meet the current limits they will be re-assessed against previous (pre-27 April 2005) income limits as described in Table 2, below. These households will remain on the housing register as long as they continue to meet the current or the previous income limits. 
2. Under the previous income limits Family Tax Benefit A & B (including the Large Family Supplement) are NOT included in the assessment of income.
3. The first $5000 of each adult household member’s total amount of savings and financial assets is exempt from assessment for public housing eligibility. Refer to Table 3 for more information on Income and Assets.
4. An allowance of $55 per week can be added to the income eligibility limit for each adult or child in a household who incurs expenses as a result of a medical condition, disability or permanent injury. Housing NSW will also take into account any proven ongoing costs that exceed the $55 per week.

Table 2 - Income Limits using gross assessable income, for households who applied for public housing before 27 April 2005

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Applicants or household members with expenses as a result of a disability, medical condition or permanent injury

Members of a household who have an enduring (permanent, or likely to be permanent) disability, medical condition or permanent injury that results in significant ongoing financial costs being incurred, may qualify for a disability allowance which raises the income eligibility limit for each household member where the enduring disability, medical condition or injury is demonstrated.

This disability allowance is provided in recognition of the additional financial burden that medical costs may have on the household income of clients with a disability or medical condition.

Exceptional expenses incurred as a result of an enduring disability medical condition or permanent injury

Members of a household who have an enduring (permanent, or likely to be permanent) disability, medical condition or permanent injury that results in significant and demonstrated ongoing financial costs that exceed the standard disability allowance, may qualify for an exceptional disability allowance which raises the total income eligibility limit for each household member where the disability, medical condition or permanent injury is demonstrated.
 
This allowance is applied instead of, but not in addition to the disability allowance a client may have already qualified for.

Examples of disability, medical or permanent injury expenses that a client may incur include:

• A service provided by a health professional or specialist
• Ongoing transport costs including taxis and community transport costs for clients with restricted mobility
• Specialised personal care products that are required as a direct result of a medical condition, injury or disability
• Physical therapist treatments
• Rehabilitation and respite fees
• Specialised diets, regimes and supplements that have been prescribed by a health professional and are required as a direct result of a medical condition, injury or disability.
• Specialised equipment such as wheelchairs and hoists (including ongoing maintenance costs) or aids for people who are blind or visually impaired
• The costs of trained assistance animals or other aids for people who are blind, visually impaired or deaf
• Specialised treatments and medicines that have been prescribed by a health professional.

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Evidence requirements for disability, medical or permanent injury expenses

A household member who is in receipt of a Disability Support Pension from Centrelink does not have to provide evidence of their medical costs to qualify for the disability allowance.

For all other circumstances, evidence of medical costs incurred by the applicant or household member must be provided in order to qualify for the disability allowance and exceptional disability allowance.

Clients can verify their disability, medical or permanent injury expenses by providing at least one of the following documents for each expense incurred:

• receipts or invoices that relate to the clients disability and/or medical condition and that detail the costs incurred
• a letter from a health professional or registered health service provider such as a chiropractor, naturopath, homeopath or acupuncturist, which details the medical condition, the costs incurred and whether or not the costs are likely to be ongoing
• a Housing NSW Medical Assessment form completed by a health professional that details the disability and/or medical condition, the costs incurred and whether or not the costs are likely to be ongoing
• bills or receipts (after the Medicare rebate or other subsidies being applied) that show the cost of ongoing disability and/or medical treatments
• a pharmaceutical record or statement from the chemist.
• statement from an organisation or an individual carer who provides the client with support on a fee-for-service basis (subsidised or otherwise)
• an Occupational Therapist report that details the type and cost of the specific equipment that has been prescribed.

Carer who does not meet income/asset eligibility criteria for public housing

An exception to the Housing NSW income rule occurs when an applicant who requires a live-in carer meets all the eligibility criteria for public housing, but the inclusion of the income of the carer results in the application exceeding the income eligibility limit for public housing. In this situation, the applicant is assessed as a single applicant. If their application is approved, they will be entitled to an extra bedroom for the live-in carer. The carer’s income is included in the assessment of the household’s gross income for rental subsidy purposes. For more information, see the policy on Rental Subsidies (SUB0044A).

The carer cannot sign the tenancy agreement and has no tenancy rights. This means that the carer will be required to leave the property if the tenant vacates the property for any reason.

If the carer is receiving a Carer’s Pension or Carer’s Allowance, no further proof of being a carer is required. The Carer’s Allowance is not means tested by Centrelink and is available to people who provide daily care.

Applicants who are pregnant
Pregnant applicants or household members should add their unborn child to the number of people in the household to determine the correct income limit which applies to the household. The applicant must supply a medical certificate confirming the pregnancy.

Evidence Requirements for Public Housing Income Eligibility

The main applicant is responsible for collecting the income details of other household members and providing these details to Housing NSW. The main applicant is also responsible for advising Housing NSW within 28 days of any changes to income for any household members on the application.

Applicants must provide proof of all income received by all members of the household aged 18 years and over.  Any documents provided as verification of income must be original and can be verified through:

• the Income Confirmation Scheme for Centrelink pensions and allowances. For more details refer to Income Confirmation Scheme (EST0200A) policy
• an income Statement from Centrelink (for any Centrelink payments)
• an income Statement from the Department of Veterans’ Affairs
• current earnings as evidenced by:
  • payslips with year to date earnings and other details as outlined in the Housing NSW Form B or
  • employer statement or letter confirming personal details, nature and period of employment and other details as outlined in Form B or 
  • a Form B completed by the client’s employer 
• a profit and loss statement completed by an accountant or a taxation return for self employed clients
• an income tax return 
• a letter or statement from an overseas government detailing the amount received
• a letter or statement from WorkCover or insurance company detailing the amount received
• a letter or statement from investment organisation about savings/investments, etc, providing details of the amount or dividend received
• a completed Land and Property Ownership form (DH3013)
• a letter from another organisation or income provider (not listed above) detailing the amount and type of income received.

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Participation in the Income Confirmation Scheme

If the applicant or a household member receives payments from Centrelink, they can agree to Centrelink giving Housing NSW details of their Centrelink income through the Income Confirmation Scheme (ICS).  If the applicant agrees to participate in the Income Confirmation Scheme (ICS), we will use Centrelink’s advice of their assessable Centrelink pension or allowance income to determine eligibility.  For more information see the policy Income Confirmation Scheme (EST0200A).

The Income Confirmation Scheme does not automatically provide Housing NSW with a person’s updated income details from Centrelink.  Therefore, if any member on an application participates in the ICS, they must inform Housing NSW within 28 days if there has been any changes to their assessable income.  They do not need to provide details of the Centrelink pension or allowance change, as Housing NSW will obtain this electronically using ICS.

Housing NSW also uses ICS during individual and group subsidy reviews for tenants.

If any member of the application has an income in addition to their Centrelink payment, and participates in ICS, the information we receive about any additional income from Centrelink may be different than if the applicant had provided the information directly to us.  This is due to differences between Centrelink and Housing NSW policies for assessing incomes. 

If the applicant is a participant in ICS and receives income other than a Centrelink pension or allowance, (for example, wages) they need to provide Housing NSW with proof of this income separately.

Assessing Income and Assets

Housing NSW defines which income received by clients should be included when determining public housing eligibility.

Assessable Income is income that is included for the assessment of public housing eligibility. 

Non-Assessable Income is income that is not included for the assessment of public housing eligibility. These are usually payments or allowances provided to individuals for a specific purpose, for example to assist with a particular life circumstance or disability.

Sometimes we refer to income as being either statutory or non-statutory.

Statutory income includes benefits, pensions and allowances paid by the Commonwealth Government through Centrelink, the Department of Education and Training or the Department of Veterans Affairs.

Non-statutory income is income received from sources other than providers of statutory income (Centrelink or the Department of Veterans’ Affairs), such as wages or interest.

Table 3 below outlines which incomes are considered assessable or non-assessable.

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Table 3 - Income and Asset

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Statutory Income received for a Child

Where an adult person in a household receives an income for a child (for example Family Tax Benefits or child support payments), this is considered assessable income for public housing income eligibility.  This income is included in the assessment of the adult person’s income, not the child’s.

Statutory Income received by a Child

Where a member of the household is under 18 years and receives an assessable income and is NOT the main applicant or spouse, their income is not assessed. 

Where a member of the household is under 18 years and receives an assessable income and IS the main applicant or spouse, their income is assessed.

Assessing Income for Self-Employed Applicants

The income of self-employed applicants is calculated by taking the gross income less legitimate business deductions.  Legitimate business expenses are classed as any expense essential for producing an income.  Some items may be allowable as tax deductions, but we do not consider them to be legitimate business expenses.

If, when the income of an adult member of the household is calculated (including legitimate deductions) it results in the income being below the standard rate of Newstart, then the applicant’s income will be assessed at the Newstart rate.

Evidence Requirements for Self-Employed Applicants

Self-employed applicants will need to verify their income by providing a:

• Current profit and loss statement that has been prepared by an accountant or, 
• Current income tax return (not a tax assessment notice). 

To determine which business expenses are deductible and which are non-deductible refer to Table 4.2 below.

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Table 4 – Business Expenses

Note - Any other expenses not listed above are deductible if they are essential for the functioning of the business.

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Applicants who own or part own property or real estate

If the applicant or their partner owns or has a share in a property that could provide a viable alternative to public housing, they are not eligible for public housing if they are able to:

• live in the property
• sell their equity in the property.

This rule may be waived in cases where an applicant is unable to live in their property or sell their share of the property because they:

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

Housing NSW may grant provisional eligibility in the above situations. Applicants must notify Housing NSW once the property is sold. Their application will then be reviewed to determine whether the equity realised from the sale falls within the Housing NSW asset limit.

If a tenancy results prior to the sale, the tenant will be placed on a fixed term lease under the fixed term tenancies policy. Before the lease expires Housing NSW will reassess the applicant’s eligibility for public housing. If they are assessed as being over the asset limit, the applicant must find alternative accommodation when the lease expires. See the policy on Sign-Ups (EST0017C).

Relocatable Home Owners

Owners of relocatable mobile homes, which are located on a leased site, are able to apply for public housing or assistance.  They must meet the normal eligibility criteria. The value of the relocatable home is considered to be a liquid asset.

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Ability to Sustain a Successful Tenancy

To be eligible for public housing, the applicant must be able to sustain a successful tenancy. This means that they must be able to meet the obligations of their tenancy, with or without support. When determining whether public housing is the most appropriate housing option for an applicant, Housing NSW considers whether the applicant is able to:

• pay their rent 
• look after the property 
• not create a nuisance and annoyance to their neighbours.
• live independently with, or without support 
• live in the property on an ongoing basis

Where the applicant needs support, they must show that they have access to appropriate support services. Housing NSW does not provide health related support services however staff will make referrals to other agencies in situations where the applicant has not accessed available support services.

If there are concerns about a person’s ability to live independently Housing NSW will request permission from the applicant to:

• obtain a living skills assessment from an external support agency, or 
• an independent living skills report from their support worker

There are four criteria that need to be addressed in an independent living skills report. The criteria are:

1. Financial Management

• Person has the ability to manage their own finances, or
• their finances are managed by the Office of the Protective Commissioner, or 
• they can demonstrate that a third party is managing their finances.

2. Property Care

• Person has the ability to maintain their home in a satisfactory condition, and
• not cause property damage.

3. Personal Care

• Person has the ability to look after their basic day-to-day personal care needs, or
• they are supported in this function by a service provider such as Homecare, or
• they are supported in this function by a carer.

4. Social Interaction

• Person is able to live in close contact with others without causing nuisance and annoyance, and 
• able to be responsible for their own conduct as well as the conduct of their visitors.

The results of the living skills assessment or independent living skills report will be used to determine whether the provision of support services and public housing is the most appropriate response to the applicant’s housing and care needs.

Requests for public housing cannot be considered in cases where:

• a person requiring support from a service provider refuses to access appropriate services
• a person has not demonstrated an ability to live independently and refuses permission for their living skills to be assessed by an external support agency or their support worker.

Where an applicant is unable to demonstrate an ability to maintain a successful tenancy Housing NSW will refer the client to appropriate support agencies.

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Former Tenants

When a Housing NSW or Aboriginal Housing Office tenant leaves a property their previous tenancy is categorised as:

• eligible for a statement of satisfactory tenancy, or
• satisfactory, or
• less than satisfactory, or 
• unsatisfactory, or 
• ineligible.

The tenancy history of a former tenant and their household members will be reviewed when an applicant applies for public housing. The review of the applicant’s tenancy history will be used to determine their eligibility for public housing and any conditions that need to be met by the applicant before their request for housing assistance will be approved.

The Satisfactory Former Tenant category does not affect an applicant’s eligibility for public housing.

The Less Than Satisfactory Former Tenant category and Unsatisfactory Former Tenant category means that an applicant will have to meet specific conditions before their application can be listed on the Housing Register.

The Ineligible Former Tenant category affects the applicant’s eligibility for public housing.

For more information, see the policy on Housing Former Tenants (ALL0031A).

For more information on tenancy statements, see the policy Statements of Satisfactory Tenancy (EST0110A).

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Applicants who are Under 18 Years of Age

Generally, an applicant must be at least 18 years of age before they can be considered for public housing. Housing NSW will consider applicants who are under 18 if they:

• meet all the general eligibility criteria for public housing, and
• have an income. See the policy on Minors and Housing Assistance (EST0017A).

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Applicant with Weekend Access to Children

An applicant who has weekend and school holiday access to children is assessed as a single applicant. Children who do not live with the applicant are not to be included on the application.

If the applicant meets the eligibility criteria for public housing, they are entitled to 1 extra bedroom above their minimum entitlement to enable their children to visit. A child is entitled to a separate bedroom in cases where the Family Law Court or DoCS have confirmed that the child has been subject to sexual assault.

Weekend access arrangements are demonstrated by any of the following:

• receipt of part payment of Family Tax Benefit A or B
• Statutory Declaration signed by parent providing primary care
• Family Court papers stating access arrangements
• letter from support worker or advocate.

Applicant with Shared Custody of Children

Where an applicant has shared custody of children for a minimum of 3 days per week the children will be included on the application.

If the applicant meets the eligibility criteria for public housing the number of bedrooms allocated will be based on the size of their household. In order to demonstrate that custody is being shared, the applicant will need to provide a letter from the Family Court.

An applicant wiill be unable to register their interest for a Senior Communities property in circumstances where the applicant has shared custody of children for a minimum of 3 days per week.

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Applicants in Prison

People in prison are able to apply for public housing and must meet the normal eligibility criteria. Applicants who later go to prison should advise their Client Service Officer of their imprisonment so they can continue, suspend or reinstate their place on the Housing Register.

Unsatisfactory Behaviour of Applicants

Applicants or members of their household may become ineligible if at any time they:

• seriously threaten or abuse Housing NSW staff, or
• intentionally engage in conduct that objectively causes Housing NSW staff to feel intimidated or harassed.

Housing NSW staff will warn an individual that Housing NSW is not bound to consider their application should the behaviour continue. Incidents of serious and inappropriate behaviour will be recorded on the applicant's file. Housing NSW must be satisfied that the behaviour will not be repeated before making any decision about the client’s continued eligibility.

Community Housing Tenants and Eligibility for Public Housing

Community Housing is another form of social housing available to public housing eligible applicants. It is managed by non-government organisations called Community Housing Providers (such as Housing Associations and Co-operatives) and is overseen by the Community Housing Division.

Community housing tenancies are in either:

• capital properties where the dwelling is owned by Housing NSW (ownership vested in the Government through the NSW Land & Housing Corporation), or
• leasehold properties; headleased from the private rental market.

Eligible applicants can accept a community housing tenancy in a leasehold property  while remaining on the public housing register. They remain eligible for public housing until they accept a community housing tenancy in a capital property, accept a public housing tenancy or reject two reasonable public housing offers. The two offers policy applies in the normal way, as does the backdating policy if the applicant is removed from the Register due to their tenancy in a community housing leasehold property.

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Backdating an Application for Public Housing

Housing is allocated to wait-turn applicants in order of registration date.

Backdating is when an applicant that has been removed from the Housing Register is reinstated to the Housing Register with their original date of application. The applicant may be considered for reinstatement to the date of their original registration for Public Housing or in some cases back to the date that the household last met Public Housing eligibility. 

To be considered for reinstatement to the Housing Register the applicant must submit a new application for public housing.

Backdating Assessment Rules

Generally, backdating can be considered if the applicant has continuously met the public housing eligibility criteria that applied for the period of time that their application was closed.

Other circumstances where backdating may be considered are where the:

• applicant’s income did not exceed the income limits that applied at the time for more than a 12 month continuous period or, 
• household complement of a previously declined application has since changed, and as such has altered the household income, resulting in the household becoming eligible on income, or 
• applicant had to move interstate or overseas for a valid reason (for example, poor health) or,
• applicant previously withdrew the application but now wants it reinstated or, 
• applicant was listed as a household member of another application and has applied for public housing in their own name or, 
• applicant is a totally and permanently incapacitated person, regardless of their income.

When is an application not backdated?

Backdating cannot be considered if the applicant:

• was living in public housing in another state
• requests to be backdated to the date that they were assisted with Rentstart where the applicant did not submit an application for public housing at that time
• rejected two reasonable offers of accommodation.
• had their application closed because they:
  • seriously threatened or abused Housing NSW staff, or
  • intentionally engaged in conduct that objectively caused Housing NSW staff to feel intimidated or harassed.

Evidence requirements for assessing backdating

Applicants requesting backdating must be able to provide proof that they continued to meet all previous eligibility criteria during the period that they were removed from the Housing Register. This includes:

• proof of income for all members of the household aged 18 years and over
• citizen certificate or passport showing permanent residence
• current NSW drivers licence, rent receipts, electricity or phone bills showing NSW residency
• bank statements
• any documentation that supports the application for backdating or verifies why the applicant was unable to remain on the register, for example documented reasons for moving interstate or overseas. 

For more information refer to the evidence requirements section of the eligibility criteria.

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Appealing Decisions or Actions

If a client disagrees with a decision made by Housing NSW, they should first discuss their concerns with a Client Service Officer. The next step if they still believe Housing NSW made the wrong decision is to ask for a formal review of the decision. For information on how reviews work, the client can ask the Client Service Officer for a copy of the fact sheet ‘Reviewing Decisions’, or read the Appeals and Review of Decisions Policy.

Legislative Requirements

• Housing Act 1986
• Residential Tenancies Act 1987

Past Public Housing Income Eligibility Limits (before 24 November 1986 to 30 June 2009).

This section presents various public housing income eligibility limits from before November 24 1986 to 30 June 2008.

Table 5 - Public Housing income eligibility limits from 1 July 2008 to 30 June 2009 (using gross assessable weekly income).

Table 6 – Public Housing income eligibility limits from 27 April 2005 to 30 June 2008 (using gross assessable weekly income).

Table 7 – Public Housing income eligibility limits from 29 January 1992 to 9 July 2006 (using gross assessable weekly income).

Table 8 – Public Housing income eligibility limits from 24 November 1987 to 28 January 1992 (using gross assessable weekly income).

Table 9- Public Housing income eligibility limits from 24 November 1986 to 23 November 1987 (using gross assessable weekly income).

Table 10 – Public Housing income eligibility limits before 24 November 1986 (using gross assessable weekly income).