Minors and Housing Assistance - EST0017A

Policy

The Department of Housing may provide housing to people under 18 years of age, who are not being cared for by an adult (minors) if:

• Public housing is the best way to meet their accommodation needs, and 
• We are satisfied they are able to meet the obligations of tenancy. 

When a minor applies for public housing we will work closely with the Department of Community Services and other agencies to determine the best way to meet their needs.

We will assess a minor’s capability to care for themselves and to meet their tenancy obligations.

For more information on this policy, look in Entitlement, Background and Business Rules.

Top of page

Entitlement  

If minors are approved for public housing, the Tenancy Agreement will be explained to them by the Public Trustee or by a solicitor.

A minor approved for public housing has the same rights and responsibilities as other tenants. This means they must be able to successfully maintain the tenancy, that is, pay the rent, pay the water usage account, look after the property and get along with neighbours.

Minors may be eligible for other Department of Housing support, such as Rental Assistance. They may also be eligible for assistance from the Department of Community Services (DoCS).

Top of page

Background   

A minor is a person under 18 years of age. Minors who apply for public housing are often in crisis and may need assistance to take on the responsibilities of tenancy. The Department of Housing will explore housing and support options with the Department of Community Services and other support agencies.

Top of page

Business Rules

Assessing an application by a minor

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

• They meet all the general eligibility criteria for public housing, and
• They have their own income (either from Centrelink and wages).

For more information about eligibility criteria for public housing see the policy on Eligibility for Public Housing (ALL0030A).

The Department of Housing will assess a minor’s application for housing, preferably in conjunction with DoCS and other agencies. We will talk with any support agencies currently working with the minor so that we can completely understand their needs.

In order to approve the application, the Department must be satisfied that the minor will be able to successfully maintain the tenancy.

Top of page 

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, the Department considers whether the applicant is able to:

• Pay their rent 
• Pay their water usage account
• 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. The Department 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 the Department will request permission from the applicant to:

• Obtain a living skills assessment from an external support agency, or 
• A 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:

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.

Property Care

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

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.

Social interaction

• Person is able to live in close contact with others without causing nuisance and annoyance, and 
• 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 the Department will refer the client to appropriate support agencies.

The Department may also support the minor in the private rental market for a time to prove these skills. Alternatively, it may offer a home on a conditional short-term lease so the minor can prove they can meet their tenancy obligations.

The Department must also be satisfied that the minor has some form of independent income. We will include in our assessment of income:

• Newstart allowance 
• Austudy, and 
• Any other income received or earned by the minor.

If the Department rejects a minor’s application it will advise them by telephone and in writing, telling them why the application was refused. The Department will contact DoCS and arrange a case conference to discuss alternatives.

Children under 16 years of age who are not being cared for by their parents are the responsibility of DoCS. DoCS will assess their accommodation and other needs. Client service staff will contact their local DoCS office for assistance in finding suitable housing options for children under 16.

Top of page 

Succession to a minor

Succession of tenancy occurs when another member of the household wants to take over the tenancy after a tenant:

• Dies 
• Departs (for a reason other than a broken household relationship), or
• Is imprisoned 

For more information about succession, see the policy on Succession of Tenancy (EST0017D).

A minor may apply to take over the tenancy if there is no adult to assume it. Applications from minors will be handled quickly and with sensitivity to make sure that the minor receives appropriate care and is not placed in an ‘at risk’ situation. We will involve DoCS in the application and decision process.

If the household has no income, a minimum rent of $5.00 per week can be charged for a short period. We will refer the client to Centrelink for financial assistance if required.

If the Department decides that the minor cannot successfully take over the tenancy, we will contact DoCS and any family members who may be able to assist. We will suspend arrears letters until the minor has moved out.

Top of page 

Letting to a minor

If we decide to allow a minor to become a tenant we will explain the full content of the Tenancy Agreement.

The public trustee or solicitor must also explain the agreement to the minor. They will certify that:

• The minor understands their obligations as detailed in the Tenancy Agreement, and 
• The rent is not obviously excessive. 

The Department of Housing will pay for the services of the Public Trustee or the solicitor, up to $75.

A minor must not sign the Tenancy Agreement until it has been explained to them.

If the Public Trustee or the solicitor considers that the minor does not understand the agreement, the minor will not be offered housing and will be referred to DoCS. For more information see the Sign Ups (EST0017C) policy.

Client Service Officers will contact minors frequently during the first few months of a tenancy. This will enable them to:

• Identify any emerging problems, and 
• Help the young tenant meet their rent and other obligations. 

Top of page

Appealing Decisions or Actions

If a client disagrees with a decision the Department has made, they should first discuss their concerns with a Client Service Officer. The next step if they still believe we 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 Reviewing Decisions fact sheet, or read the Appeals and Review of Decisions (EST0015A) policy.

Top of page