Department of Infrastructure. Housing (Public Sector Sheltered Housing) (Criteria for Allocation of Housing to Older Persons) Policy 2016

Transcription

1 SD 2016/0101 c Department of Infrastructure Housing (Miscellaneous Provisions) Act 1976 Housing (Public Sector Sheltered Housing) (Criteria for Allocation of Housing to Older Persons) Policy 2016 Approved by Tynwald: 15 March 2016 Coming into operation: in accordance with paragraph 2 1. The Department has adopted the all-island policy for allocation of public sector housing, which is set out in Appendix A to this measure, made under the provisions of Schedule 3, paragraph 1A (3) of the Housing (Miscellaneous Provisions) Act If approved by Tynwald, this policy will come into operation on 1 st April The previous policy, which is set out in Appendix B, shall no longer have effect after the commencement of the Policy set out in Appendix A. Signed by authority of the Minister for Infrastructure MADE: 7 March 2016 C C Thomas Member for the Department of Infrastructure 1

2 Appendix A Proposed criteria for Acceptance and Allocation of older persons public sector housing (A) Criteria for acceptance onto waiting lists for older persons housing Eligible Applicant(s) Definition of applicant shall be: (1) Single Person aged 65 years or over with no dependent children, or (2) Couple, with at least one person aged 65 years and over, with no dependent children. Where one person is younger than 65 they must be at least 50 years of age Couples granted a tenancy shall be joint tenants only if both are residentially qualified In certain circumstances tenancies with adult children or unrelated companions are permitted where the age of the child or companion is at least 50. Residential Qualification Financial Qualification Health and Welfare Qualification (1) Applicant(s) must have been ordinarily resident on the Island for a minimum of ten years (2) Applicant(s) must be resident on the Island for at least 3 months immediately prior to allocation (1) Maximum gross income of applicant(s) must not exceed the median income (currently 28,392) plus 10% for couples (2) Financial and/or property assets must not exceed the median House price (currently 245,000) or such other amount as determined by the Department from time to time Once allocated a public sector property the applicant must not own or continue to own residential property in any jurisdiction (3) Where there is a profound housing need, and the applicant falls outside financial qualifications (1) and/or (2) special consideration can be given for allocation on a higher rental basis as determined by the Department from time to time (1)The applicant must be capable of independent living (with an appropriate and continuing package of support where necessary) Appeals Procedure Any applicant having an application for acceptance on to a waiting list rejected or Any applicant dissatisfied by reason of non-allocation of a property by virtue of non-allocation of points, may (1) Seek a review of that decision by submitting request in writing to the appropriate housing authority, and (2) If the decision is upheld by that housing authority, seek an appeal against that decision in writing to the Department s Housing Division, whose decision shall be final. 2

3 (B) Criteria for allocation of properties: pointing system Criteria Points 1. Time on List 1 point per each 3 month period to a maximum of 20 points 2. Years of Residency on Island 1 point for every year in excess of ten years to maximum of 10 points 3. Local connection with housing authority area Living in the area > 5 years Living in the area > 1 year No residence family/welfare connections No connections 5 points 4 points 3 points 0 points 4. Public Sector tenant Releasing a general public sector property suitable for a family 10 points 5. Gross Income (including combined income of joint applicants and benefits) 25,001 & above 0 points 22,501-25,000 3 points 20,001-22,500 6 points 17,501-20,000 9 points 15,001-17, points 15,000 and under 15 points 6. Financial/property assets 25,000 to 34,999-3 points 35,000 to 49,999-6 points 50,000 or over -10 points 7. Adequacy of present accommodation Property condition/overcrowding (certified/awarded by EHO) Low priority Medium priority High priority Health/welfare issues (validated by report from health/welfare professional & multidisciplinary assessment by health/welfare panel) Low priority Medium priority High priority Up to 20 points 5 points 10 points 20 points Up to 30 points 5 or 10 points 15 or 20 points 25 or 30 points 8. Supported Housing 20 points 9. Notice to Quit (excluding rent arrears) 10. Unjustified refusal by applicant where an offer of a property considered suitable for the Formal legal notice NTQ - Landlord/Advocate Court Order Discretionary deduction (per refusal) After two refusals of suitable 3 5 points 10 points - 10 points

4 applicant was refused without a valid reason properties the applicant will be removed from the HWL 11. Accumulated rent arrears Discretionary deduction - 10 points 12. Appeals Procedure Any applicant having an application for acceptance on to a waiting list rejected or Any applicant dissatisfied by reason of non-allocation of a property by virtue of non-allocation of points, may (1) Seek a review of that decision by submitting request in writing to the appropriate housing authority, and (2) If the decision is upheld by that housing authority, seek an appeal against that decision in writing to the Department s Housing Division, whose decision shall be final. (3) In the case of houses owned by the Department, the review or appeal shall be to a Minister or Member of the Legislature outside the Department as appointed by the Council of Ministers. 4

5 Appendix B Sheltered Housing: Existing Criteria for Acceptance on to Waiting Lists 1. Residential Qualification: The applicant or spouse must have been ordinarily resident on the Island for a minimum of ten years. 2. Age Qualification: A single applicant, or one party in a joint application, must be of the state requirement age at the time of the application. The Authority may consider an applicant below state retirement age in exceptional circumstances. 3. Assessment of Current Housing: Inadequate accommodation, with written confirmation from Environmental Health, Local Authority or other relevant body Notice to Quit Lack of disabled access 4. Assessment of Capability: Written confirmation of the applicant s needs on health grounds from Social Services, doctor or relevant body 5. Appeals Procedure: (1) Any person having an application for acceptance on to a waiting list rejected by a Sheltered Housing Authority may seek a review of that decision by submitting a request in writing to the appropriate housing committee. (2) If that decision is upheld by that committee the applicant may seek an appeal against that decision by submitting a request in writing to the Department s Director of Housing whose decision shall be final. Sheltered Housing: Allocation Criteria 6. The Authority shall allocate accommodation taking account of the current circumstances of an applicant, which should be supported by an assessment by Social Services of the applicants care or medical requirements, or by a Doctor s note. 7. Allocations may be made from general housing waiting lists or from general housing tenants where the individual circumstances in respect of capability are satisfied. 8. The Authority should endeavour to ensure that at least 50% of allocations are to current general housing tenants. 5

6 Memorandum 1. Title of measure Housing (Public Sector Sheltered Housing) (Criteria for Allocation of Housing to Older Persons) Policy Background 2.1 Local Authority housing providers currently apply common access and allocation criteria under the provisions of Schedule 3, paragraph 1A of the Housing (Miscellaneous Provisions) Act 1976 ( the 1976 Act ). 1A (1) The Department may adopt an all-island policy for the allocation of housing by the Department and local authorities. (2) Before adopting such a policy the Department shall consult all the local authorities that would be affected by it. (3) Such a policy shall not come into operation unless it has been approved by Tynwald. (4) Once such a policy has been adopted local authorities shall comply with it. 2.2 Under Part V of the Housing Act 1955, provisions for Government financial contributions towards Housing allow for the current Local Authority housing deficiency arrangements, which are subject to such conditions as may be determined by the Department and Tynwald. 2.3 The Tynwald resolution of 20 Oct 1999, provided such terms and conditions for funding including that -..the authority shall implement such all-island policy for the provision of housing as is determined by the department after consultation with all local authorities concerned; 3. Consultation 3.1 In accordance with the Tynwald resolution of 20 Oct 1999 and Schedule 3, paragraph 1A (2) of the 1976 Act, the revised criteria were developed in collaboration and consultation with all local authority housing providers, and were subsequently approved by Council of Ministers on 3 September 2015 for progression to public consultation. 3.2 Public consultation was launched on the 30 September 2015 and ran for 6 weeks closing on 11 November The consultation response report was published in early December individuals and organisations responded to the consultation survey with a further 17 submissions received by letter or Changes in policy Access and allocation criteria for public sector older persons (sheltered) housing will be brought more in line with those for general public sector 6

7 housing. Access to and allocation of public sector older persons (sheltered) housing will be subject to assessment of income and assets for the first time. 5. Effects of the measure The existing criteria for access to public sector older persons (sheltered) housing will be revised to include new tests for eligibility in respect of income and assets and will introduce an objective framework for determining priority for allocation broadly based on existing criteria for general needs public sector housing. Criteria for access and eligibility for older persons (sheltered housing) will also be more broadly aligned with existing criteria for public sector general needs housing. The proposed criteria is at Appendix A. 6. Reasons for the measure 6.1 The current eligibility criteria for Access to public sector older persons sheltered housing on the Isle of Man were last reviewed in The existing criteria are focussed mainly on residency and do not take any account of the financial circumstances of the applicant or objectively prioritise their housing need (See Appendix B). 6.2 By the nature of the accommodation specification and service delivery, sheltered housing is more costly to provide and maintain than general public sector housing, and as such is more heavily subsidised from the public purse. Many people who currently access public sector sheltered accommodation are property owners or former property owners, who have significant financial assets available to them. 6.3 In line with the overarching Government policy principles of Balancing the Budget and Protecting the Vulnerable, it is not considered acceptable or sustainable to continue to provide substantially subsidised low cost housing to older persons who have the financial means to access suitable alternative housing opportunities in the private sector. 6.4 Opportunities to access similar accommodation in the private sector are available on the Island. However, it is likely that such ready access to subsidised sheltered housing has directly impacted on the development of the Island s private sector market for sheltered and retirement housing. 6.5 The Treasury has expressed increasing concern that where public monies are to be expended on capital schemes for sheltered housing, the benefits arising from such schemes should be targeted on those who are most in need of such housing support. 7. Resource implications There are no significant resource implications in respect of this measure 8. Tynwald procedure Tynwald approval is required for the adoption of an all-island policy for allocation of public sector housing under the provisions of Schedule 3, paragraph 1A (3) of the 1976 Act. 7

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