Homelessness and the Law for Health care Staff

Just as for the mental health act & the the mental capacity act, we need a working knowledge of the law as it

relates to homeless patients

Habitual Residency Test

• Applied by housing and benefits departments, introduced August 1994.

• test is applied to all people, including returning British nationals, who have recently arrived in the country

• The test considers: whether a person has an intention of settling in the UK, and has been in the UK for an “appreciable period of time” – usually about 3 months

Local Connection. Housing Act 1996, Parts VI and VII

A local connection is established by:• residence in the area for six out of the last 12

months or three out of the last five years• immediate family members resident in the area for

the last five years• employment in the area – full or part time.• Being in custody (or in hospital!) in the area does not

establish a local connection, no matter how long the custodial period

Vulnerable and Priority Need - Housing Act 1996, Parts VI& VII

• pregnant women• persons with whom a pregnant woman resides, or might

reasonably be expected to reside• persons with dependent children, or with who dependent

children might reasonably be expected to reside• persons who are vulnerable – because of old age, mental or

physical disability, or other special reason – this is the area in which we most commonly need to provide supporting evidence

• persons who are homeless in emergency – e.g. house fire

Other categories

Categories added to this list by the Priority Needs Order 2001 –

• young persons under 21 who are looked after/accommodated between 16 and 18

• young persons under the age of 21 who are vulnerable* as result of being looked after/accommodated/fostered

• vulnerable as result of being in HM forces• vulnerable as a result of custodial sentence/remand to

custody/contempt of court/kindred offence• vulnerable as result of leaving accommodation because of

threats of violence

What is vulnerable?

• Case law Camden vs Pereira 1998• -less able to fend for him or herself in coping

with being homeless and would suffer injury or detriment which an ‘average” homeless person would not

• These are the key elements to spell out in any medical report; less able than average, resulting in harm

Intentionally homeless - Housing Act 1996, Parts VI& VII

• An applicant is intentionally homeless if s/he has deliberately done/not done something as a consequence of which s/he has lost accommodation that was available and reasonable for them to continue to occupy

Accessing (social services funded) community care services, including accommodation, for people found

intentionally homeless

• Section 21 of the National Assistance Act 1948• E.g. a person in a wheelchair, who has been

evicted because of rent arrears and found intentionally homeless. Because he has care needs S21 NAA 1948 is likely to apply, requiring social services to fund his accommodation

EEA nationals, rights to benefits and housing – how long here and what to

prove?• EEA nationals have an initial “Right to Reside” for 3

months.• After that they have a “Right to Reside” if they are a

worker, job seeker, self employed, self sufficient, or a student.

• They will be able to access public funds if they have a “Right to Reside” AND are “Habitually Resident”

• EEA nationals who have 5 years continuous (legal) residence in the UK have a permanent right to reside and the same rights to housing as UK citizens

No recourse to public funds- Immigration and Asylum Act 1999

UKBA will support persons with NRPF under two circumstances

• Section 95 immigration and asylum act support (current asylum seekers and their dependents)

• Section 4 immigration and asylum act support (refused asylum seekers who have agreed to return home will be housed and supported while arrangements are made-also known as “hard case support”)

Schedule 3 of the Nationality Immigration and Asylum Act 2002 excludes 4 categories of people from social services support

under s21 NAA 1948: -

• Persons granted refugee status by another EEA State & dependants

• An EEA national and any dependents• A failed asylum seeker who has failed to comply with

removal directions (i.e. avoided removal by UKBA)• A person unlawfully present in the UK (including visa

overstayers, failed asylum seekers who applied for asylum in-country, illegal entrants)

Summary

• Housing entitlement is complicated and subject to changing case law- patients often need specialist legal advice

• Targeted medical evidence may be very helpful

• But if the issue is one of entitlement, vulnerability may not be legally relevant

• Independent legal advice is often needed