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Eligibility for Public Housing Assistance
Review of Housing ACT decisions PurposeThis policy describes the requirements for establishing the eligibility of an applicant for public rental housing assistance. Public rental housing is provided in accordance with the provisions of the Public Rental Housing Assistance Program (PRHAP). Eligibility CriteriaAn applicant must meet the eligibility criteria applying at the time of lodgement of an application for registration on the Applicants List; while he/she remains on the list; and at the time of offer of accommodation. Eligibility criteria applying to all applications for assistance relate to:
In addition, eligibility is periodically reviewed while the applicant remains on the Applicant List:
Refer to the following policies for additional information on eligibility criteria for other services: Permanent residency in AustraliaA person who has Australian citizenship or permanent residency status meets the Program reqirement. A sponsored migrant or refugee, may be eligible for public rental housing assistance. A household member who was born overseas must provide evidence that he/she has been granted citizenship or permanent residency. Appropriate documentation includes:
Household member who is not a permanent residentAccommodation eligibility is based on the entitlements of eligible applicants and eligible residents only. Sponsored migrantA sponsored migrant, who has come to Australia under an Assurance of Support arrangement, can be registered on the Applicants List. However, early allocation will not be offered while the Assurance of Support arrangement is in place. An allocation of housing may be considered on a needs basis if Centrelink accepts that the Assurance of Support has broken down and the applicant has been granted a Statutory Income (minimum Special Benefit). ACT ResidencyAll applicants must have lived in the ACT for at least the previous 6 months to be eligible for public housing. An ACT resident sentenced to a term of imprisonment by an ACT Court may be deemed to meet this criterion. Early AllocationTo qualify for Early Allocation a registered applicant will need to demonstrate housing need that is more urgent than that of other applicants on the Applicants List. Priority Housing allocation may be granted to an applicant who meets a range of complex needs including:
High Needs allocation may be granted to an applicant who demonstrates one or more risk factors including:
Determination of Needs Categories Letter of Support for Priority Housing AgeAn applicant must be aged 16 years or over. IncomeGeneralThe income limits for the purpose of assessing eligibility for public housing assistance are as follows:
Household of only two persons:
Household of more than two persons:
Assessable income is the total gross weekly income of the applicant or joint applicants, plus 10% of the gross weekly income of other household members whose income is $100 per week or more. Where the assessable income of a household exceeds the income limit the applicant is ineligible for public rental housing assistance. Single applicants jointly seeking accommodation will be assessed as a household in terms of the income barrier. Income eligibility figures are published by Housing ACT every three (3) months, based on ABS estimates. Income excluded from assessment of eligibilityRefer to the current Determination Income documentationGeneralIncome documentation for eligibility assessment must be no more than four (4) weeks old (ie. signed and dated less than four (4) weeks previously). Documentation required for eligibility assessment of household members earning a wage or salary is an income statement showing:
The statement must be either on business letterhead stationery or include the business stamp. Other acceptable income evidence includes pay slips covering the previous twenty six (26) weeks. If employed for less than twenty six (26) weeks, a letter from the employer or personnel representative indicating gross earnings to date and date employment commenced is required. Household members receiving a Statutory Income must provide a current letter from the Statutory Authority. Seasonal workerAn applicant must provide documentation, which confirms the income he/she is receiving and has received over the previous twenty six (26) weeks. Self-employed or partnershipThe intention of this policy is to treat the income of self-employed persons and salary and wage (PAYG) recipients in an equivalent manner, even though a self-employed person will be able to reduce their gross business income by deducting legitimate business expenses to arrive at a net income figure to be used for assessment of their eligibility for rebate purposes. However, the following are non-allowable business expenses for determining the income for rebate purposes: If the tax return/Profit and Loss Statement shows a loss or income less than the Centrelink Newstart Allowance or equivalent benefit, the self-employed person will be deemed to be receiving a level of income equivalent to that Allowance. In cases where the self-employed person earns income from a partnership, the partnership tax return may be required in addition to the information required above. In cases where the self-employed person receives income as a Director of a company as an owner or part owner or otherwise of the company or from owning shares in the company, the company tax return may be required in addition to the information required for an individual specified above. AssetsAn applicant with assets above the current assets limit of $40,000 is ineligible and is not registered on the Applicant List. Assets excluded from assessmentAssets that are not counted include:
Appropriate documentation must be provided in support of a claim that assets cannot be realised. Examples of appropriate documentation include:
Ownership of real estateAn applicant or household member who owns or has an interest in real estate is ineligible for public rental housing unless they cannot reside in the property and they are making reasonable efforts to dispose of their interests in the property. For the purposes of this policy, real estate refers to houses, units and flats. Mobile homes, caravans and land are considered assets, not real estate. Live-In CarersIn the case of a single applicant who requires a live-in carer, the live-in carer may apply as a joint applicant if they wish, and are eligible. If they do not wish to apply as a joint applicant, or are not eligible, they will be considered a non-tenant resident. Rostered attendant carerAn applicant who requires an extra bedroom to accommodate an overnight rostered attendant carer must provide relevant documentation in support of his/her claim. Appropriate accommodationHousing ACT aims to make maximum use of public rental housing stock. Guidelines ensure that accommodation is allocated of a size and type appropriate to the needs of eligible households and to ensure that accommodation is fully utilised. The names of eligible applicants for public rental housing are registered on the Applicant List which takes into consideration: the Housing Size Guidelines; and the applicant's preferences for location. Registering an approved application for larger or smaller housingAn applicant may be approved for housing that is larger or smaller than they would ordinarily qualify for in the following circumstances:
If the applicant chooses to be housed in a dwelling of a size below his/her normal requirements, he/she will not ordinarily qualify for a priority transfer at a later date because of overcrowding if the household size remains the same. Providing appropriately sized accommodationSpecial consideration may be given to meet the housing needs of the household where:
Documentation from a medical practitioner is required confirming the nature of the condition and its impact on their housing needs. Providing appropriate accommodation for child access arrangementsIn considering the accommodation to be allocated for child access purposes, some flexibililty may be exercised where an additional bedroom is required under the criteria adopted by the Family Court. Applicant's housing preference by location and typeAn applicant can nominate up to three (3) preferred areas. However, an applicant cannot nominate a preference for a particular suburb, construction type, or other features of a property, unless there is a special medical need. Special needsDocumentation from a medical practitioner must be provided to support an application for housing requiring special features. The documentation must indicate the type of housing, size and region that would meet the household's medical needs. Refer to the following Housing Size Guidelines for additional information. Housing Size GuidelinesHousing Size Guidelines are used to determine bedroom allocations within Housing ACT properties. The following principles apply:
Some flexibility may be exercised where there are special circumstances, including:
Guidelines Table
Equal shared parental responsibility arrangementsA bedroom will be allocated for a child, in line with these Guidelines, where applicants have parental responsibility for a minimum of 50% of the time. This is conditional on the appropriate documentation being provided. Provision for child contact/parental responsibility arrangementsHousing ACT may approve an extra bedroom for parents with regular child contact arrangements for a minimum of 27% of the year (which equates to 2 overnight stays every second weekend plus half of the school and public holidays). This is conditional on the appropriate documentation being provided. Generally, one extra bedroom will be provided to cater for contact for up to 3 children. Child contact arrangements involving more than 3 children will be considered on a case-by-case basis. Documents required for child contact arrangementsApplicants seeking an extra bedroom for child contact arrangements are required to produce evidence of the arrangement by providing a copy of one of the following documents:
Where regular child contact is less than 27% of the year, a copy of the Parenting Order is required to confirm that child contact arrangements are dependent on having appropriately sized housing. Changes to child contact arrangementsApplicants must advise Housing ACT immediately of any changes to any child contact arrangements that may affect their bedroom allocation. Review of child contact arrangementsChild contact arrangements will be reviewed periodically to determine if the accommodation is being used for the purpose for which it was allocated. Foster carersFoster carers who provide regular or ongoing care to children and young people at risk may be allocated an additional bedroom/s. Evidence is required from the Office of Children, Youth and Family Support and/ or foster care services such as Marymead or Barnardos. Generally, any additional bedrooms would need to be utilised for a minimum of 27% of the year. ApplicationApplying for assistanceAn application must be in writing, in the approved form (Application for Registration) and must contain such information, as Housing ACT reasonably requires. Housing ACT may at any time request an applicant to provide further information in connection with an application. The signature on an application must be that of the applicant or their legally appointed guardian. A representative of the applicant may assist in completing the application form. Complete applicationA complete application has all the sections completed and required documentation attached. For income assessment, acceptable documentation would include the proof of income or the release to allow Housing ACT to obtain this information. However, an application which is not fully completed and does not have all supporting documentation attached should still be accepted and have the application registered on the Applicant List from the date of receipt. Changes to an applicationA household's circumstances and housing needs may change before they are housed. Changes must be notified in writing and may relate to:
The household's eligibility is re-assessed when changes are notified. Changes to household composition and splitting an applicationRemoving or adding a dependantAn applicant must request in writing to have a dependant removed from or added to an existing application. Documentation must be provided to identify the dependant, including: date of birth and income details. Where a dependent is being added to an existing application, a new application is not required. Removing a non-dependant from an applicationAn applicant must request in writing the removal of a household member from an application. Alternatively, a household member can request in writing that his/her name be removed from the application. If the household member was not an applicant on the original application he/she can apply for public housing assistance in his/her own right. The household member's application is treated as a new application and date of registration will be the date of receipt of the application. Removing an application from the registerAn application will be removed from the register (Applicant List) if:
Reinstating an applicationAn application that has been removed from the register may be reinstated and placed back on the register if the applicant requests this within the timeframe required by the Public Rental Housing Assistance Program, and demonstrates that they continue to meet all eligibility criteria. Transfer and mutual exchangeA tenant can be approved to transfer to another property or to exchange dwellings, provided that the tenant satisfies the guidelines under the Transfer and Mutual Exchange Policies. Prior tenancy recordNote:
Before an offer of housing is made, an eligible applicant with prior tenancy breaches may be required to demonstrate a satisfactory commitment to the management of his/her current or immediate past private sector tenancy. The applicant will also be required to sign an agreement to repay any outstanding debt. Refer to Debt Management Policy BankruptcyAn application that includes someone who has been declared bankrupt is treated as a normal application and is registered on the Applicants List if all eligibility criteria are met. Waiver of eligibility criteriaThe Housing Commissioner has the discretion to waive all eligibility criteria, except the minimum age criterion. Review of Housing ACT decisionsApplicants may appeal decisions by Housing ACT where they disagree with the decision. There is an established review protocol that includes an initial internal review by Housing ACT and where appropriate, access to external review mechanisms. FraudHousing ACT considers fraud to have occurred when an applicant, in order to gain a higher benefit:
Further InformationFor copies of brochures contact Housing ACT: click here for details |
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