Priority Housing - ALL0040A

Policy

Priority Housing aims to meet the urgent housing needs of applicants who require long-term housing assistance. Priority housing is not crisis or emergency accommodation. If an applicant is eligible for public housing and has nowhere to live, Housing NSW will help them to find short-term emergency or refuge accommodation for up to 4 weeks while they seek alternative accommodation for themselves.

If an applicant is not eligible for public housing and is experiencing a short-term housing crisis, Housing NSW can assist with Emergency Temporary Accommodation for up to 3 months in limited circumstances.

Applicants approved for Priority Housing are housed ahead of most other applicants on the waiting list. For this reason, Housing NSW must be satisfied that their housing need is more urgent than the needs of others waiting to be housed.

To be approved for Priority Housing, applicants must be:

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

When an applicant is approved for Priority Housing, Housing NSW will develop strategies aimed at ensuring they are provided with housing assistance within the target timeframe.

Approved priority housing applicants who wish to be housed in a designated high demand allocation zone will need to undertake a Locational Needs Assessment. For more information, see the policy on Locational Need (ALL0140A).

The Locational Needs Assessment does not apply to people over 80 years of age or Aboriginal people over 55 years of age. For more information, see the policy on Housing Assistance for Elderly Clients (ALL0030D).

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

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Entitlement

Housing NSW will:

• Explain the information and documentation an applicant needs to provide to support their application and entitlement to a specific length of lease
• Assist an applicant in completing their application form if necessary
• Consider all relevant information provided by the applicant when assessing their application
• Explain to the factors an applicant needs to satisfy to be approved for a high demand allocation zone
• Work with an applicant to identify appropriate allocation zones and indicate approximate waiting times in these zones
• Explain other relevant services that Housing NSW can offer the applicant.

Applicants can expect:

• To have housing assistance options clearly explained to them
• To be advised of their likely type and length of lease based on an assessment of their current household circumstances
• Priority allocation of suitable accommodation when it becomes available, if approved for priority housing
• To be given clear reasons in writing as to why an application is unsuccessful.

Housing NSW can expect:

• The applicant to provide documentation that substantiates their need for priority housing and entitlement to a specific length of lease.

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Background

There are a number of reasons why an applicant may have an urgent long-term housing need. Housing NSW aims to respond to urgent long-term housing needs by providing Priority Housing to eligible applicants.

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Business Rules

The assessment of an application for Priority Housing involves the following steps:

• Assessment of the applicant’s need for Priority Housing
• Application of a locational needs assessment for approved priority housing applicant’s who wish to be housed in high demand allocation zones
• Establishment of a target timeframe for Priority Housing
• Development of strategies to meet priority housing needs within the target timeframe.

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Eligibility Criteria for Priority Housing

To be eligible for Priority Housing, applicants must meet all 3 of the following criteria:

1. Eligible for public housing, and
2. In urgent need of housing, and
3. Unable to resolve that need themselves in the private rental market.

An applicant must provide adequate evidence to support their application at all stages of the assessment process for Priority Housing.

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Shared Access Agreements Under the NSW 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. 

The Shared Access Schedule is an agreement that enables Accord partners to nominate eligible clients for housing in return for providing a formal commitment of support. 

All Shared Access arrangements must have a valid Operating Agreement (or other approved Agreement such as a Memorandum of Understanding) and each client who is accepted under the Agreement must have a signed Service Level Agreement with individual support plan (developed by the support agency) as well as meeting Priority Housing eligibility in order to receive housing assistance as an Accord client.

When a client is nominated for assistance through the Shared Access model, Housing NSW assesses the client’s eligibility for public housing.  The assessment to decide that the client is in urgent need of housing and unable to resolve that need themselves in the private rental market is undertaken as part of the joint assessment process that determines the client’s suitability to be an approved Accord client.  This ensures that clients who meet the requirements are able to have their support needs in place from the time they present for housing assistance.

The assessment must explicitly state why the tenant cannot be housed in the private market and whether attempts should be made to test this and this be part of the joint assessment process.

For further information refer to Housing and Human Services Accord

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1. Eligible for Public Housing

To be eligible for priority housing an applicant must meet the general eligibility criteria for public housing, and demonstrate that they have an urgent need, and demonstrate that they are unable to resolve that need themselves in the private rental market.

An applicant is eligible for public housing if they are:

• A citizen of Australia or a permanent resident, and
• Live in NSW, and
• Are within Housing NSW's income limits, and
• Do not own, or part own, residential property in Australia, and
• Are able to successfully maintain a tenancy with, or without, support, and
• Repay, or undertake a formal agreement to repay, any outstanding debts owed to Housing NSW, and
• Are generally 18 years of age or older.

For more information about the types or assistance available to people under 18 years of age, see the policy on Eligibility for Public Housing (ALL0030A).

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2. In Urgent Need of Housing

If an applicant has met the general eligibility criteria for public housing, they must also demonstrate that they have an urgent need and are unable to resolve that need themselves, to be eligible for priority housing.

An applicant may demonstrate that they have an urgent housing need if they are experiencing 1 or more of the following:

• Unstable housing circumstances, and/or
• ‘At risk’ factors, and/or
• Existing accommodation is inappropriate for their basic housing requirements.
• Has been assessed and accepted as an Accord cilent under an approved Shared Access Agreement.

Unstable housing circumstances

An applicant has an urgent housing need if they are experiencing unstable housing circumstances. This includes:

• Homelessness
• Imminent homelessness
• Living in crisis or emergency accommodation
• Living with family or friends who are unable to provide longer term accommodation
• Living apart from immediate family members because of a lack of appropriate housing alternatives.

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‘At risk’ factors

An applicant has an urgent housing need if they, or a member of their household, is at risk of harm.

There are many situations in which the personal safety or the mental health of an applicant or another member of their household may be ‘at risk’ including:

• Domestic violence
• Sexual assault
• Child abuse or neglect 
• Threatening behaviour by one or more household members against another occupant
• Torture or trauma.

The applicant may need to provide documents to support their application. The type of documents will vary according to the circumstances, but may include:

• Police reports
• An Apprehended Violence Order
• Medical Assessment Form
• Reports from a doctor, health professional, social worker or a community support agency such as a refuge, Community Centre or Neighbourhood Centre worker
• Support letter from STARTTS.

For more information, see the policies Domestic Violence (ALL0165A) and Child Protection (EST0123A).

No additional supporting documentation is required in cases where an applicant provides any of the following:

• Support letter or completed Medical Assessment form from the Service for the Treatment and Rehabilitation of Torture and Trauma Survivors (STARTTS)
• Request for Assistance from DoCS
• Support letter or report from an applicant’s treating psychiatrist.

Housing NSW will treat at risk situations with sensitivity. Information provided by an applicant will not be disclosed to members of the public. It will be kept confidential. Information about an applicant may be passed between employees of Housing NSW where it is required in the normal course of their duties. Housing NSW will only provide an individual's personal information to external organisations where there is a lawful reason to do so or, where the applicant has first given their permission for releasing the information.

For more information, see the policy on Privacy and Confidentiality (EST0008B).

An additional ‘at risk’ category relates to refugee ‘Women at Risk’, visa subclass 204.  The United Nations High Commissioner for Refugees gives priority to the protection of refugee women identified as being at risk of serious abuse including:

• Physical and emotional abuse
• Sexual assault
• Victimisation
• Harassment.

The refugee ‘Women at Risk’ category is demonstrated by the presence of visa subclass 204 stamped in an applicant’s passport. Because an applicant’s circumstances may have changed since the visa subclass 204 was originally issued, further supporting documentation showing how the applicant is currently at risk, is required.

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Appropriateness of existing accommodation

An applicant has an urgent housing need if their current accommodation is inappropriate for their basic housing requirements.

This factor will be considered where an applicant’s current living conditions are extremely unsatisfactory due to:

• Severe overcrowding
• Substandard property conditions (extreme damp, dangerous or unhealthy conditions)
• Lack of essential facilities (water, electricity, bathroom, kitchen)
• Needing secure accommodation to take a child out of care
• Severe and ongoing medical condition
• Disability.

Housing NSW considers severe overcrowding to occur when:

• An adult or couple share a bedroom with a person aged over three years
• More than three children share a bedroom
• More than two unrelated adults share a bedroom.

If the applicant is renting privately and living in substandard accommodation, the landlord may be liable for repairs. Housing NSW will explain the client’s rights under the Residential Tenancies Act and refer them to the appropriate Tenants Advocacy and Advice Service.

Shared facilities are not considered to be a lack of essential facilities in cases where an applicant is living in a:

• Caravan park
• Boarding house
• Hostel
• Room in a shared house.

Where an applicant, or a member of their household, has a severe or ongoing medical condition or disability they must show how their current housing circumstances are having a bad effect on their health or wellbeing.

If an applicant has a severe or ongoing medical condition or disability Housing NSW will consider:

• The severity of the person’s condition
• Whether the medical condition is permanent or likely to be permanent
• The mobility of the person affected
• The impact of the current dwelling and/or location on the person’s health or wellbeing
• How often the person needs to visit medical services or specialists
• If, and how easily, the person can travel to these services
• If, and how easily, these services can be accessed in other areas.

Applicants who receive a Disability Support Pension are not required to provide any further proof of their disability. However, all applicants must provide documentation to support their application on inappropriate housing grounds. The documentation will vary according to the nature of the disability or medical condition, but can be provided by one or more of the following:

• A specialist or a general practitioner
• A health worker such as a community nurse, occupational therapist or physiotherapist
• A psychiatrist or mental health worker
• Support organisations such as the Home Care Service, Home Nursing Service, Aged Assessment Team, Community Centre, Neighbourhood Centre or STARTTS.

If documentation such as a Medical Assessment Form does not clearly show how the applicant’s existing housing circumstances are inappropriate, staff may request further information from the health professional or support agency.

The exceptions to this are Requests for Assistance from DoCS and support letters from STARTTS. In these instances, no further information is required.

3. Unable to Resolve that Need themselves in the Private Rental Market

If an applicant has met the general eligibility criteria for public housing and they have demonstrated an urgent need, they must also demonstrate that they are unable to resolve that need themselves, to be eligible for priority housing.

The applicant’s ability to resolve their urgent housing need in the private rental market is assessed by looking at the following factors which may make it difficult to rent privately:

• Any assets or savings they could use
• The applicant’s housing requirements such as the number of bedrooms their size household requires or need for disability modifications
• The appropriateness of alternative housing options such as crisis or emergency accommodation, supported accommodation, or Rentstart
• The availability and cost of private rental accommodation that matches their housing requirements in their preferred area as well as other suitable areas
• The inability of the applicant to obtain private rental accommodation due any personal circumstance or characteristic which is likely, or has been shown, to reduce their to access private rental
• Whether the applicant has a psychiatric, developmental, or intellectual disability or mental illness which makes it difficult for them to rent in the private market.
• Has been assessed and accepted as an Accord client under an approved Shared Access Agreement.  Providing that the assessment explicitly sets out the basis for determining why the client cannot be housed in the private market.

The applicant’s ability to afford private rental is determined by assessing all forms of income received by the household. For the purposes of an assessment of priority need under this policy rent is considered affordable if it does not exceed 50% of the household’s total gross weekly income. For more information, see the policy on Rentstart (RES0010A).

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Personal debts

An applicant’s ability to afford private rental accommodation is based on their gross household income. Housing NSW cannot take personal debts of any kind into consideration.

Applicants who are experiencing serious hardship due to debt are advised to contact the Department of Fair Trading for information on financial counselling groups and services.

To be approved for Priority Housing Housing NSW must be satisfied that the applicant does not have the ability to resolve their housing need, and that their housing need can not be more appropriately addressed through other housing assistance options such as Rentstart. For more information, see the policies on Summary of Housing Assistance Options for Applicants (ALL0015A) and Rentstart (RES0010A).

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Applicant Overseas or Interstate

To remain eligible for priority housing in NSW an applicant must live or work in this State. In exceptional circumstances, priority approved applicants may seek approval to go overseas or interstate for up to 12 months. Exceptional circumstances include:

• Illness or death of close family member
• Outstanding legal matters
• Specialised medical treatment
• Educational scholarships
• Severe medical problems that prevent the applicant from returning to NSW.

The applicant must provide documentation to establish:

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

Housing NSW will consider these factors when making a decision about the applicant’s continued eligibility for public housing. If Housing NSW is satisfied that an applicant has a valid reason for living overseas or interstate for an extended period, their priority housing application will be suspended on the Housing Register. The application will be reactivated when the applicant advises Housing NSW of their return to NSW.

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Carer Who Does Not Meet Income/Asset Eligibility Criteria for Public Housing

An exception to Housing NSW's income rule occurs when an applicant requiring a live-in carer meets all the eligibility criteria for public housing, but their carer is not eligible based on their income or assets.  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.

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Locational Needs Assessment

High demand areas

Designated high demand areas are subject to restrictions on allocations. For these zones, clients must show why they need to live there.

Priority approved applicants who request housing in high demand areas must undergo a Locational Need Assessment. This is a separate assessment process from the one used to determine the applicant’s eligibility for priority housing. The Locational Need Assessment is solely used to determine an approved priority housing applicant’s need to be housed in a high demand area.

To be eligible for housing in a high demand area the applicant, or a member of their household, must have:

• An ongoing medical condition, or
• A disability, and
• A need to access services at least once a week on an ongoing basis in the requested area.

Where an applicant does not demonstrate that they have a locational need they must choose a different allocation zone. If an alterative zone is not selected, Housing NSW will allocate the applicant a zone with the shortest waiting time that meets their urgent housing needs. Priority housing approval will be withdrawn if an applicant does not meet locational need and refuses to accept an alternative zone.

For more information, see the policy on Locational Need (ALL0140A).

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High turnover areas

Where priority approved applicants choose a high turnover allocation zone their needs will be assessed to determine whether the chosen zone is suitable for their locational requirements. If a high turnover zone is considered unsuitable, Housing NSW will work with the applicant to identify an alternative zone. However, choice of area is ultimately the responsibility of the applicant.

Responding to Priority Housing Needs

Housing NSW will establish a target timeframe for Priority Housing. To assist in meeting priority needs within this timeframe a range of housing strategies will be considered. If it is determined that an applicant is likely to wait longer than the target timeframe to be housed.

These strategies may include:

• A suitable allocation to public or community managed housing (where this is within the timeframe).
• Providing a special rental subsidy or disability rental subsidy to eligible applicants. See policies Special Assistance Subsidy - Special (SAS0100A) and Special Assistance Subsidy - Disability (SAS0100B).
• Renting a property from the private rental market (headleasing). See policy on Headleasing (EST0012A).
• Modifying an existing dwelling to make it suitable for a person with a disability. See policy on Modifications (EST0017E).
• Developing, with the consent and involvement of the applicant, an Individual Support Plan with an appropriate support provider in cases where an applicant has special care needs that are not currently being met which may pose a barrier to accessing mainstream housing.
• Providing Rentstart assistance to eligible applicants so that they can maintain or establish a private rental tenancy while they are waiting for a suitable public housing property to become available. See policy on Rentstart (RES0010A).

The most appropriate option for the applicant will be selected and recorded as their ‘Assistance Plan’. The implementation of this plan will be regularly reviewed.

For more information, see the procedures for Developing and Implementing an Assistance Plan (ALL0055).

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Offers

Applicants approved for Priority Housing will be eligible for the normal offer process. See the policy on Offering a Property to a Client (ALL0100A).

Timeframe for Signing a Tenancy Agreement

Once a priority offer has been accepted, the applicant must sign a tenancy agreement within 1 week of accepting the offer.

Unless an applicant has a valid reason, failure to sign a tenancy agreement within this timeframe will be considered a rejection of a priority offer.

Valid reasons for failing to sign a tenancy agreement within the timeframe include:

• Illness or hospitalisation (doctor’s certificate required)
• Family crisis or emergency.

Timeframes will be negotiated with people who have an intellectual or psychiatric disability.

Rescinding Priority Housing Approval

A priority housing approval can only be rescinded by a Team Leader. This would only be considered where a client advised a change in circumstances. A thorough review of the clients circumstances of an approved priority household must be undertaken to determine if the priority approval is to stand or the approval should be rescinded.

Appealing Decisions or Actions

If a client disagrees with a decision Housing NSW 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 fact sheet ‘Reviewing Decisions’, or go to our web site www.housing.nsw.gov.au to read the Appeals and Review of Decisions (EST0015A).

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