Policy Last Amended: 23 April 2012
1. Background
Social housing provides secure, affordable housing for people with a housing need on low incomes. Social housing encompasses properties owned or managed by Housing NSW, community housing providers and the Aboriginal Housing Office. For more information on social housing, see the Housing Assistance Options Policy.
Social housing and Housing Pathways
Applying for social housing
The social housing sector provides most forms of social housing assistance in NSW under Housing Pathways. Generally, this means that clients can apply for housing assistance by completing a single application form and lodging it with a social housing provider, i.e., at Housing NSW offices, or with any participating community housing provider. For information on what assistance clients can access through Housing Pathways, see the Housing Assistance Options Policy.
In most cases, when a client lodges an application form, the social housing provider where the client lodges the form will conduct an initial eligibility assessment to determine:
- Whether the client meets the eligibility criteria, and
- The complexity and urgency of the client’s housing needs.
An exception to the above will apply when a social housing tenant applies for a transfer, or a former social housing tenant applies for tenancy reinstatement. In these cases, the social housing provider where the tenant leases, or leased from, will assess the application.
Provider preference
When applying for social housing, clients may choose to receive offers of social housing for properties managed by any social housing provider, Housing NSW only, or a community housing provider only. However, in some locations there may only be one social housing provider able to meet a client’s specific housing needs within a reasonable period of time. In this situation, a client may not be able to choose their preferred social housing provider.
Clients may change their preference of social housing providers at any time before they receive an offer of housing.
The NSW housing register
When a client is eligible for social housing or transfer, the social housing provider will place them on the NSW housing register. Housing NSW and participating community housing organisations will then use this register to offer housing when a suitable property in the social housing sector is available.
The intent of this policy is to outline the eligibility criteria for social housing in NSW. The Social Housing Eligibility Products and Allocations Policy Supplement provides further information to support this document.
Top of page
2. Scope
This policy applies to all applicants for social housing under Housing Pathways. This policy also aligns with the Community Housing Eligibility and Access Policy (PDF, 345KB).
3. Policy statement
To ensure that social housing assists clients who are most in need, the eligibility criteria for social housing concentrates on assisting:
- Clients on low income that need support to help them live independently, and
- Clients on low income that have problems finding affordable housing in the private market that is suited to their needs.
Participating social housing providers will assess eligibility and priority for clients seeking social housing. All participating providers will accept the outcome of this assessment. When an assessment is complete, the provider will notify the client in writing of the outcome of the assessment.
If a client has any changes in their household circumstances, they must advise a social housing provider within 28 days of the change occurring. This includes any changes to contact details, the people the client may wish to include in their household or any changes to the income of any member of their household.
When the client advises a social housing provider about a change in household circumstances, that provider will consider whether the changed circumstances could affect the client’s eligibility and, if so, re-assess the application and determine whether the urgency or complexity of their circumstances has changed. For more information, including information about an applicant’s obligation to provide up to date contact details, see the Managing the NSW Housing Register Policy.
Eligibility for social housing
To be eligible for social housing, clients must:
- Be a citizen or have permanent residency in Australia, and
- Be resident in New South Wales (NSW), and
- Establish their identity, and
- Have a household income within the income eligibility limits, and
- Not own any assets or property which could reasonably be expected to resolve their housing need, and
- Be able to sustain a successful tenancy, with or without support, and
- If applicable, make repayments of any former debts to a social housing provider, and
- In general, be at least 18 years of age.
Citizenship or permanent residency
Clients applying for social housing must be an Australian citizen or permanent resident. For the purposes of this policy New Zealand citizens granted the Special Category Visa who are not under a sponsorship arrangement are considered permanent residents. Clients who are eligible to apply for social housing include those who:
- Arrived on their parents’ passport, or
- Came to Australia on the Assisted Migrants Passage (1945-1973),
- Have been granted Onshore Permanent Protection Visas, or
- Have a New Zealand passport (providing they are not under a sponsorship arrangement).
Social housing providers expect clients to provide proof of citizenship or permanent residency. For more information, go to Proof of citizenship or permanent residency.
Generally, other household members must be permanent residents, but there are some exceptions. For more information, go to Exceptions to the permanent residency rule.
Top of page
Residence in New South Wales (NSW)
Clients applying for social housing must live or work in NSW. However, social housing providers may waive the NSW residency rule in certain circumstances. For more information, go to Compelling reasons to waive the NSW residency rule.
Establishing identity
Clients must establish their identity by providing two forms of acceptable identification. They must also provide proof of identity for each person on their application who is 18 years or over. Social housing providers will not accept the same document as proof of both income and identity. The exception to this is a Centrelink Income Statement which can be used for proof of both income and identity. For more information, go to Proof of identification.
Income eligibility
To determine whether a household meets the income eligibility for social housing, providers will:
There are no minimum income criteria. Permanent residents with no income are able to apply. Where a client declines to apply for a Centrelink income, the social housing provider will assess the client as receiving a basic Centrelink income support payment, for example, Newstart Allowance.
Disability allowances
Clients or household members who have expenses due to a disability, medical condition or permanent injury may be entitled to a disability allowance or exceptional disability allowance. These allowances have the effect of raising the income limit in recognition of additional expenses incurred with a disability, medical condition or permanent injury. For more information, go to Disability allowance.
Exception to the income eligibility rule
An exception to the income eligibility rule occurs when a client who requires a live-in carer meets all the eligibility criteria for social housing, but the inclusion of the income of the carer results in the application exceeding the income eligibility limit for social housing. In this situation, the social housing provider will assess the client as a single applicant. If the provider approves their application, the client will be entitled to an extra bedroom for the live in carer.
If the carer is receiving a Carer’s Pension or Carer’s Allowance, no further proof of being a carer is required.
If the client accepts an offer of public housing, the carer cannot sign the tenancy agreement and will have no tenancy rights. This means that the carer will be required to leave the property if the client stops living in the property for any reason. The carer’s income will be included in the assessment of the household’s gross income for rent subsidy purposes.
Indexing income eligibility limits
On behalf of the social housing sector, Housing NSW reviews and indexes all household income eligibility limits, including disability allowances, to keep pace with the cost of living.
Assessing income and assets
Social housing providers will use the gross assessable income of the household when calculating income eligibility for social housing.
When applying for social housing a client must provide proof of all assessable income received by all household members aged 18 years and over. Proof of income must be original documents or can be through the Income Confirmation Scheme for Centrelink income. For more information, go to Proof of income and assets.
Assessable Income
Assessable incomes are incomes that social housing providers include when calculating income eligibility for social housing. Incomes that providers usually consider as assessable include payments received for general living expenses, for example:
- Most pensions, benefits and allowances paid by Centrelink and the Department of Veterans’ Affairs. (These income types are also known as statutory income).
- Wages, salaries and some work allowances such as overtime, bonuses, shift allowances and penalty rates. (These income types are also known as non-statutory income).
- Other income such as regular superannuation, compensation, interest from savings and maintenance. (These income types are also known as non-statutory income).
Where an adult person in a household receives an income for a child (for example, Family Tax Benefits or child support payments), this is considered assessable income for the adult person, not the child.
For more information, go to Assessable income and assets.
Non-assessable income
Non-assessable incomes are incomes that social housing providers do not include when calculating income eligibility for social housing. Incomes that providers usually consider as non-assessable include payments received for a specific purpose, such as allowances received to assist with a particular life circumstance or disability.
Income for self-employed clients
Social housing providers calculate the income for self-employed clients by looking at their gross income less legitimate business expenses. Providers class legitimate business expenses as any expense essential for producing an income. Some items may be allowable as tax deductions, but providers may not consider them legitimate business expenses. For more information on legitimate business expenses, go to Legitimate business expenses.
If, when the income is calculated, it results in the income being below the standard rate of Newstart Allowance, then the provider will assess the applicant’s income at the Newstart rate.
Top of page
Clients who own or part own property or real estate
If the client or their partner owns or has a share in a property that could provide a viable alternative to social housing, they are not eligible for social housing if they are able to:
- Live in the property, or
- Sell their equity in the property.
Social housing providers may waive the property ownership rule in certain cases. For more information, go to Waiving the property ownership rule.
Relocatable homeowners
Owners of relocatable mobile homes, which are located on a leased site, are able to apply for social housing. They must meet all eligibility criteria. The social housing provider will consider the value of the relocatable home as a liquid asset, for example, savings.
Ability to sustain a successful tenancy
To be eligible for social housing, the client must be able to sustain a successful tenancy. This means that they must be able to meet the obligations of their tenancy, with or without support. When determining whether social housing is the most appropriate housing option for an applicant, the social housing provider will consider whether the applicant is able to:
- Pay their rent, and
- Look after their property, and
- Not create a nuisance and annoyance to their neighbours, and
- Live independently with, or without support, and
- Live in the property on an ongoing basis.
Where the client needs support to maintain a tenancy, they must show that they have access to appropriate support services. Social housing providers will make appropriate referrals to other agencies in situations where the client has not accessed available support services.
If there are concerns about a client’s ability to live independently, the social housing provider will request permission from the applicant to obtain:
- A living skills assessment from an external support agency, or
- An independent living skills report from their support worker.
Four criteria must be addressed in an independent living skills report. For more information, go to Criteria to be addressed in an independent living skills report.
Former tenants
When a tenant of a property managed by Housing NSW (including an Aboriginal Housing property) leaves, Housing NSW will categorise their previous tenancy as:
- Eligible for a statement of satisfactory tenancy, or
- Satisfactory, or
- Less than satisfactory, or
- Unsatisfactory, or
- Ineligible.
For more information, go to Ending a tenancy – Categorising a tenancy.
When an applicant who is a former public housing tenant re-applies for social housing, the provider will review their tenancy history to determine their eligibility for social housing and any conditions that the applicant may need to meet before approving their request for housing assistance.
Housing providers will need to be satisfied that a former tenant has the ability to sustain a tenancy, with or without support. The provider will also consider whether other people who lived with the former tenant can be part of any future household. This applies in cases where a household member in a previous tenancy was responsible for nuisance and annoyance, property damage or acts of violence.
The satisfactory former tenant category does not affect an applicant’s eligibility for social housing. The less than satisfactory and unsatisfactory former tenant category means that an applicant will have to meet specific conditions before a provider can list their application on the NSW housing register. The ineligible former tenant category affects the applicant’s eligibility for social housing. For more information, go to Specific conditions for former tenants.
All applicants who have debts with any social housing provider must repay those debts. Providers will still consider the applicant for assistance if they demonstrate their commitment to repay the debt by making regular repayments.
Applicants who are under 18 years of age
Generally, an applicant must be at least 18 years of age before a provider can consider them for social housing. However, a provider will consider applicants under 18 if:
- They meet all the general eligibility criteria for social housing , and
- They have an income, and
- Social housing is the best way to meet their accommodation needs, and
- The provider is satisfied they are able to meet tenancy obligations.
Under the Children and Young Persons (Care and Protection) Act 1998:
- A child is under 16 years of age.
- A young person is aged 16 years or over but under 18 years of age.
A child is not eligible for social housing. In these situations, providers will make a referral to Community Services for alternative accommodation and support services for the child.
In situations where a provider has reasonable grounds to suspect that a child or young person is at risk of harm, they will act in accordance with the Children and Young People At Risk Policy.
Applicants in prison
Applicants in prison are able to apply for social housing and must meet the normal eligibility criteria.
Clients currently living in community housing leasehold properties
Under Housing Pathways, providers will consider that clients are housed on a long-term basis if they are living in a social housing leasehold property. Providers will not list these clients on the NSW housing register unless approved for a transfer.
Additional eligibility criteria applied by community housing providers
In some circumstances, participating community housing providers will apply additional criteria to determine whether an applicant is eligible for their service. For example, a community housing provider who only provides housing to single women will apply this criterion to applicants applying for their service.
Top of page
Entitlements
Applicants for community housing properties may receive different entitlements to applicants for public housing. This will occur due to the differing policies of social housing providers. Some examples where entitlements may differ include:
- Applicants of community housing can request multiple locations for where they want to live.
- Public housing’s fixed term lease arrangements will not apply to applicants housed in community housing, and community housing’s lease arrangements will not apply to applicants housed in public housing.
- An applicant’s bedroom entitlement will vary between providers.
There are certain situations, which may determine or affect an applicant’s priority for public housing and the type of housing they receive. These situations include:
- Required number of bedrooms
- Age
- Aboriginality
- Preferred location
- Preferred type of accommodation
- Having special needs.
For more information, go to Eligibility for social housing – entitlements.
Where clients have special needs, they must substantiate their need for certain entitlements. For more information, go to Information required to substantiate housing needs.
Community housing providers have individual policies that explain the entitlements available to clients applying for community housing. These policies are accessible to the public.
Clients with urgent or complex housing needs
Clients may have urgent or complex needs which they are unable to resolve themselves. Providers will make every reasonable endeavour to interview all clients with indicators of complex or urgent needs and may consider them for emergency temporary accommodation or priority assistance.
The provider will ensure that they deal with the specific needs of the client in a sensitive manner. They will keep information provided by applicants confidential, and will only disclose information to a third party where disclosure is required by law, or if the applicant gives consent to disclose information.
Emergency temporary accommodation
Housing NSW may assist clients who do not meet the eligibility criteria for social housing, but who are in need of short-term crisis housing, with emergency temporary accommodation in public housing for a period of up to three months.
This type of assistance is only available to people who are in extreme situations. The intention is to assist people in the general community who are facing hardship due to a crisis or emergency, which has made them temporarily homeless. Emergency temporary accommodation enables people to access temporary housing assistance while they arrange alternative medium to long term accommodation themselves.
Community housing providers do not offer emergency temporary accommodation; however, under Housing Pathways, they may facilitate a client’s access to this product by referring them to Housing NSW. In locations where all social housing properties are managed by community housing providers, special arrangements may be negotiated on a location by location and event basis.
To be eligible for emergency temporary accommodation, a client must demonstrate that they:
- Are an Australian citizen or permanent resident;
- Have an urgent need for short-term emergency accommodation which they cannot resolve themselves;
- Cannot be accommodated by family or friends; and
- Are not eligible for other forms of assistance from other agencies because of income.
For more information, go to Urgent need for short-term emergency accommodation.
Housing NSW assesses a client’s ability to resolve their urgent short-term emergency housing need by looking at various factors. For more information, go to Assessing a client’s ability to resolve their urgent short-term emergency housing need.
Evidence requirements for emergency temporary accommodation
Clients must provide documentation to support their application for emergency temporary accommodation. The documentation will vary according to the nature of the emergency or crisis situation, but should substantiate the reasons why the client is seeking assistance. For more information, go to Evidence requirements for emergency temporary accommodation.
Offers of emergency temporary accommodation
Clients approved for emergency temporary accommodation will receive one offer of housing to a property that Housing NSW owns or leases.
Housing NSW will review the client’s lease three weeks before it expires to assess the client’s circumstances. For more information, see Lease Reviews.
Temporary Accommodation
In addition to Emergency Temporary Accommodation, Housing NSW also offers temporary accommodation assistance. Refer to the Private Rental Assistance Policy for further details about that assistance.
Top of page
Priority housing assistance
Priority housing aims to meet the urgent housing needs of applicants who require long-term housing assistance.
To be eligible for priority housing, applicants must meet all three of the following criteria:
- Eligible for social housing, and
- In urgent need of housing, and
- Unable to resolve that need themselves in the private rental market.
Eligible for social housing
To be eligible for priority housing, an applicant must meet the general eligibility criteria for social housing, as outlined above.
In urgent need of housing
An applicant may demonstrate that they have an urgent housing need if they are experiencing one or more of the following:
- Unstable housing circumstances, and/or
- At risk factors, and/or
- Existing accommodation is inappropriate for their basic housing requirements, or
- Assessed and accepted as an Accord Client under an approved Shared Access Agreement.
For more information, go to Eligibility for priority housing – urgent housing needs.
Unable to resolve that need themselves in the private rental market
A housing provider will assess an applicant’s ability to resolve their urgent housing need in the private rental market by considering a number of factors that may make it difficult to rent privately. Examples include the applicant’s housing requirements, availability and affordability of private rental accommodation, and the applicant’s personal or medical circumstances. For more information, go to Factors that make it difficult to rent privately.
Evidence requirements for priority housing
An applicant must provide evidence to support their application. For detailed information on the types of evidence required, go to Eligibility for priority housing – evidence requirements.
Top of page
Locational Needs
Due to the demand for housing and limited supply options in certain areas, not everyone who wants to live in a high demand area can be housed in their preferred area. Clients who may need priority assistance require urgent housing ahead of other people on the NSW housing register. Their need for secure, affordable housing in the shortest possible waiting time is their primary need. Their need for a particular area represents a secondary need that should not take precedence over their urgent need for housing. The exception to this exists where a client can demonstrate that living in a high demand area is necessary for their physical or mental health.
Housing providers will apply a locational need assessment to clients who:
- Need priority assistance (for more information, go to Priority assistance clients), and
- Want to live in an area of high demand with limited housing options.
The locational need assessment does not apply to:
- Wait turn applicants
- Wait turn transfer applicants
- Priority transfer applicants moving within the same area
- Elderly applicants over 80 years
- Aboriginal or Torres Strait Islander applicants over 55 years
Eligibility for a high demand area
Where a social housing provider is assessing a client for priority housing and the client has requested a high demand area, the provider will also assess the client’s locational need to be housed in a high demand area.
To be eligible for housing in a high demand area the client, or a member of their household, must have:
- An ongoing medical condition or disability (for more information, go to Ongoing medical condition or disability), and
- A need to access services at least once a week on an ongoing basis in the requested area.
In addition, the client must be able to demonstrate all four of the following:
- Their need is significant and ongoing (in other words it is essential to daily aspects of life for several years), and
- They are unable to meet the need in any other area, and
- They are unable to travel to locations where the need could be met (including reasons such as lack of transport, costs of transport, mobility and living skills issues), and
- Meeting the need is essential to their, or a member of their household’s, physical or mental health.
A client must show that the requested area will have a direct benefit in terms of their health or wellbeing, or that of other members of their household. For example, the client may need to be closer to essential medical services because of decreased mobility, or may need to be close to employment because they have difficulty negotiating public transport.
A client must provide adequate evidence to support their request to live in a high demand area. For more information, go to Evidence to support request to live in a high demand area.
Where a client satisfies both the priority criteria and the locational need assessment for a high demand area, the social housing provider will list the client for that area.
Where a client does not satisfy the locational need assessment for a high demand area, the social housing provider will ask the client to consider housing in other areas, and will then assess the client’s need for priority housing in those areas.
Social housing providers will not approve priority housing where a:
- Client selects an alternative area and their needs can be met by the private rental market in that area, or
- Client does not satisfy the locational need assessment and will not choose an alternative area. In this case, if the client considers that their need to live in a particular location is greater than their need for urgent housing, they may wait their turn for housing in their preferred area.
Transfers
Where a social housing tenant requests a transfer:
- If the tenant chooses only to be housed by their existing social housing provider, the transfer policy of that provider will apply, or
- If the tenant chooses to be housed by a different social housing provider (a ‘cross provider’ transfer), they must meet a common eligibility standard. In this case, the public housing transfer eligibility criteria will apply. For more information, go to the Changing a Tenancy Policy.
A social housing provider may initiate the relocation of a tenant for tenancy or portfolio management reasons (known as relocation for management purposes). Where multiple dwellings are involved, for example, a redevelopment site, local agreement between social housing providers is required to facilitate cross provider relocations, or to approve a client to return to a redeveloped site.
Where a client applies for tenancy reinstatement, the provider that previously housed the tenant will be responsible for assessing the application, and, if approved, housing the client (unless the original housing provider negotiates a housing agreement with an alternative provider).
Following approval of a transfer application, the provider will undertake an assessment of the urgency of the application and will determine the appropriate priority it will give to the application.
Transferring tenants will receive a tenancy with the tenure and other entitlements of the provider with whom they are housed.
Top of page
4. Legislation and compliance
Housing NSW and community housing providers are able to provide housing assistance in accordance with the Housing Act 2001.
5. Related documentation
6. Further information
Appeals and review of decisions
If a client disagrees with a decision a social housing provider has made, they should first discuss their concerns with a staff member from the provider that made the decision. The next step, if they still believe the social housing provider made the wrong decision, is to ask for a formal review of the decision. For information on how reviews work, the client can ask the housing provider for a copy of the fact sheet Appeals and reviewing decisions, or read the Client Service Delivery and Appeals Policy. This policy applies to applicants for public, community and Aboriginal housing. The provider who made the decision will manage the appeal.
Top of page