The council has to consider certain issues before it decides whether a person making a homelessness application is eligible for assistance. This section explains what those issues are and what you should do if the council decides that you are not eligible.
What does being eligible for assistance mean?
Some groups of people who have lived abroad are not entitled to help from the council if they are homeless. If the council decides that your household is not eligible for assistance, it has no further duty to help you regardless of the rest of your circumstances. If the council has already provided you with emergency accommodation it can ask you to leave.
The council has to look at the eligibility of all the people who are included in a homelessness application. It is possible that some members of a homeless household are eligible for assistance while others are not (see below).
It's important to remember that being eligible for assistance doesn't necessarily mean you will be entitled to accommodation from the council. The council will also have to consider your other circumstances, including:
- whether you are legally classed as homeless
- whether you are in priority need
- whether you made yourself homeless intentionally
- whether you have a local connection.
How does the council decide who is eligible?
Most people are eligible for assistance. If you live in the UK, are a British citizen and have not recently spent time living in other countries you will almost certainly be eligible for assistance. There are two main groups of people who may not be eligible for assistance:
- People who are not British citizens and/or don't have full rights to live here because of their immigration status (people from abroad).
- People who may have rights to live here but have spent time living somewhere else and aren't considered to be 'habitually resident.'
People from abroad
If you require permission to enter or leave the UK you may be a person from abroad who is not eligible for assistance. People who are not British citizens or who are not from a European Union or European Economic Area country are not normally eligible for assistance. However, there are exceptions to this. You will probably be eligible if, for example:
- you are a refugee who has been granted asylum
- you have been granted exceptional leave to remain in the UK
- you are an evacuee from Lebanon who has applied for leave to remain.
Habitual residence
If you have recently returned to the UK after living abroad, even if you are a British citizen, the council must check whether you meet the habitual residence test. If you are not habitually resident in the UK you will not be eligible for assistance. The habitual residence test is a complicated investigation that looks into where your normal place of living should be considered to be. The council will check:
- where you live
- where you work
- where you have family or other social connections
- the reasons why you have come to live in an area
- what your intentions for the future are.
If the council tells you that it does not consider you to be habitually resident in the UK, get advice as it can be difficult to challenge their decision. If you fail a habitual residence test this will affect your entitlement to benefits such as income support, jobseekers allowance and housing benefit.
In many cases, people may become habitually resident in the UK after having lived here for a few months. If you make a new homelessness application at this point, the council may decide that you are eligible for assistance.
European workers
If you are working in the UK and you are from a European Union(EU) or European Economic Area (EEA) country you may be eligible for assistance.
Most EU/EEA workers have the right to free movement between member countries and the general rules on accessing housing and benefits are the same for all EEA/EU nationals. However, there are normally restrictions on the help you can get if you are:
- from an A2 nation (Bulgarian and Romanian), or
- from an A8 nation (Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia and Slovenia).
People seeking asylum
If you have come from abroad since 3 April 2000 and you are seeking asylum in the UK, you are not eligible for assistance.
You may be entitled to help from the UK Border Agency (UKBA) while your claim for asylum is being decided. Depending on your circumstances, social services may be also be able to help. Please see the section on asylum seekers and refugees for more information.
What if some of my household are eligible for assistance and others are not?
The rules for mixed-eligibility households are complicated so it is best to get advice, especially if you have dependent children.
In most situations like these, the eligible person should apply to the council for assistance. However, when the council is deciding whether you are in priority need (and therefore entitled to housing) it may only consider you alone and not the people in your house who are not eligible. This will not apply to people who are not subject to immigration control (eg British citizens, and EEA/Commonwealth citizens with a right to live in the UK) but will apply to most other people from abroad.
If the council decides that you are to be housed in the first instance, it will then take everyone in your household into account (eligible and non-eligible) when deciding what sort of accommodation you need.
If you are in this situation, councils will normally arrange an assured shorthold tenancy with a private landlord. If you refuse an offer like this, the council may no longer have any duty to help you. It is unlikely that you would ever be offered a permanent council or housing association home, so always get advice before you turn any offer down.
What can I do if the council says I'm not eligible?
If the council considers that you are not eligible for assistance it has to inform you in writing. The decision letter must explain the reasons why the council has come to that decision. It must also inform you of your right to request a review of the decision within 21 days.
If this happens, you should get advice immediately to see if you can challenge the council's decision. Use our directory to find an adviser in your area. If you are unable to request a review or if your review is unsuccessful, an adviser can help you consider your options.
Where can I get help and advice?
If you've recently arrived in the UK, visit the Housing Rights Information website (produced by the Chartered Institute of Housing and the Housing Associations Charitable Trust) for more information about your housing rights.
If you have applied to the council for help because you are homeless and the council has informed you that you are not eligible for help, get advice immediately. The rules about eligibility for assistance are complex. This section only gives a basic overview. An adviser can look into the reasons why the council says you are not eligible and may be able to put arguments to the council on your behalf. You can get advice from a Shelter advice centre, Citizens Advice or other local advice agencies. Use our directory to find details of agencies in your area.
