Homeless applications: During the COVID-19 pandemic - Asian Massive Crew Community 2002/2020

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Homeless applications: During the COVID-19 pandemic
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Old 23-09-2020
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Homeless applications: During the COVID-19 pandemic


Homeless applications
Quote:
Clients who are homeless or threatened with becoming homeless can apply as homeless to their local authority. There may be temporary safety measures in place, but authorities must not refuse to accept a homeless application. A refusal to accept a homeless application is challengeable by judicial review and legal aid may be available. See the page Court and tribunal hearings for information on how court proceedings are affected during the pandemic.


Priority need during the pandemic
The homelessness legislation specifies that a homeless applicant qualifies for emergency (interim) accommodation only if the local authority has a reason to believe the applicant may be eligible (different rules for non-EEA, EEA and British nationals apply), homeless and in priority need.[1]

During the COVID-19 pandemic, the argument for a priority need based on the applicant’s vulnerability is strengthened where the applicant:[2]

is 70 years old or above, or
has at least one of the underlying health conditions listed below, which have been identified in as increasing the risk of a serious outcome of a Covid-19 infection
The conditions identified in the Covid-19 regulations are:

chronic (long-term) respiratory diseases, such as asthma, chronic obstructive pulmonary disease, emphysema or bronchitis
chronic heart disease, such as heart failure
chronic kidney disease
chronic liver disease, such as hepatitis
chronic neurological conditions, such as Parkinson’s disease, motor neurone disease, multiple sclerosis, a learning disability or cerebral palsy
diabetes
problems with the spleen, such as sickle cell disease or removal of the spleen
a weakened immune system as the result of conditions such as HIV and AIDS, or medicines such as steroid tablets or chemotherapy
being seriously overweight, with a body mass index of 40 or above.
Note that the list above is not exhaustive. The regulations state that the list of underlying health conditions 'including but is not limited to' the conditions above,[3] therefore other underlying health issues may also give rise to a priority need argument.

Homelessness code of guidance for local authorities

The Homelessness code of guidance has been updated to reflect the impact of the coronavirus pandemic on how local authorities assess priority need for accommodation. Paragraphs 8.44 and 8.45 of the Code include the following information and advice:[4]

applicants who have been identified by their GP or a specialist as clinically extremely vulnerable are likely to be assessed as having priority need
the vulnerability of applicants who are clinically vulnerable should also be considered in the context of Covid-19
where an applicant reports having a condition that increases their risk of a severe outcome of Covid-19 but has not been yet identified by a healthcare professional as clinically extremely vulnerable or clinically vulnerable, it may be necessary for the local authority to seek a clinical opinion in order to confirm their health needs
people sleeping rough should be carefully assessed, including their age and underlying health conditions.
For more information about how to make a homeless application and what the council will look at, see the Homeless applications section.

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Suitability of accommodation
Any accommodation provided under the homelessness legislation must be suitable. The High Court held that where a local authority had provided self-contained accommodation to a homeless applicant who was particularly vulnerable to contracting Covid-19, it was under no obligation to provide white goods and a bed. In this case, the claimant was provided with a mattress and a microwave oven but argued that it was insufficient to enable him to self-isolate. The Court dismissed this argument and held that the authority had acted lawfully.[5]

For more information about suitability of accommodation provided by local authorities to homeless applicants, see Offers and suitability of accommodation.

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Provisions for rough sleepers
On 26 March 2020, the Minister for Local Government and Homelessness wrote to local authorities asking them to urgently accommodate all rough sleepers and focus on the provision of adequate facilities to enable people to adhere to the guidance on hygiene or isolation, including for those who are at risk of sleeping rough. Local authorities may use third party accommodation providers to comply with this request.

Housing benefit claimants under 35 may qualify for an exemption from the shared accommodation rate if they have been accommodated in a hostel, a re-purposed hotel or a B&B under the 'Everyone In' initiative. For more information, see the page Covid-19: Benefits and income.

People who are rough sleeping or living in temporary accommodation are bound to be disproportionately affected by the coronavirus (COVID-19) pandemic. It is important that measures taken locally and nationally in response to it is effectively communicated to people who use homelessness support services. The charity Groundswell has developed resources to support people experiencing homelessness during the pandemic, which will be updated as the situation evolves in line with national guidance, feedback from partners and ongoing consultation with people who are experiencing homelessness. They include templates and flyers on coronavirus that can be handed out to people who are rough sleeping or living in hostels or other temporary accommodation (with the key points translated into various languages).

In the letter dated 28 May 2020, the Minister for Rough Sleeping and Housing requested that when arranging move-on accommodation for people sleeping rough, local authorities:

explore sustainable options, including through partnerships with housing associations and in the private rented sector
encourage people sleeping rough to stay with friends or family, ‘where appropriate and possible’
where no move-on possibilities exist, provide short-term accommodation while looking into long-term options.
Ineligible EEA nationals

The following categories of EEA nationals exercising free movement rights in the UK are ineligible for benefits and homelessness assistance:[6]

jobseekers, within the meaning of EU law
those not economically active and exercising the three-month initial right to reside
On 30 June 2020, the Ministry of Housing, Communities and Local Government published a ministerial letter which confirms that from 24 June 2020 EEA nationals in the two categories above who are either sleeping rough or have been temporarily placed in emergency accommodation for the purposes of self-isolation can access limited level of state support under temporary powers given to local authorities.[7]

The ministerial letter clarifies that:

non-statutory emergency accommodation and floating support will be available for up to 12 weeks
EEA nationals assisted under these measures will remain ineligible for benefits and statutory services, and will be supported with:
finding employment and regularising their stay in the country, or
returning to their home country and connecting with local support services, where appropriate
in order to qualify for support under the temporary measures, the individual must be willing to engage with:
navigators/support workers
employment support/training and job searching
support will be withdrawn from those EEA nationals who are assessed as not meeting the necessary criteria, unless the individual:
requires shielding or treatment from COVID-19
is seeking to reconnect to their home country.
These powers will continue until 31 December 2020. After this date new domestic immigration rules will be in place.

Note that an EEA national who was previously economically active and is looking for another job might have retained their worker/self-employed status and therefore remain eligible for public funds. For more information about EEA nationals’ eligibility for benefits, social housing and homelessness assistance, see EEA and British nationals eligibility for homelessness assistance.

Guidance for hostels

On 5 August 2020, the government published an updated guidance for hostels providing services to people experiencing homelessness and rough sleeping that includes information on safety measures to minimise the risk of Covid-19 infections among residents and staff. The guidance does not cover night shelters.
https://england.shelter.org.uk/legal...s/homelessness


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