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HOMELESSNESS IN NORTHERN IRELAND
RESEARCH PAPER

Homelessness in Northern Ireland Research Paper

Research Paper

Homelessness in Northern Ireland

This paper presents an overview of the legislation currently governing homelessness in Northern Ireland, other parts of the UK and the Republic of Ireland, reviews current provisions for homeless people in Northern Ireland and gives consideration to the proposed changes contained in the forthcoming Housing Bill.

The issues relating to homelessness are grouped under three main themes - Legal Social, and Financial. The Legal dimension compares the provisions outlined in the proposed Housing Bill with legislation elsewhere in the UK and considers the likely impact of the proposed changes in terms of Equality, New Targeting Social Need and Promoting Social Inclusion. The Social dimension reviews the current arrangements for homeless people in Northern Ireland, and provides some commentary regarding the possible impact of the proposed changes for the Northern Ireland Housing Executive (NIHE) and homeless persons. The Financial dimension explores the potential financial impact of the new regulations and the manner in which support for homeless people is funded.

THE LEGAL DIMENSION

This section outlines the main legal provisions currently in force in Northern Ireland concerning homelessness and the proposals (currently at pre-bill consultation phase) to change the legislation. It also provides an outline of the key differences which exist in homelessness legislation in Scotland, England and Wales and the Republic of Ireland when compared to Northern Ireland legislation. The position of homeless persons who are subject to immigration control in Great Britain and in the Republic of Ireland is also examined.

Northern Ireland - the Current Legal Position

The legislation governing homelessness in Northern Ireland is contained in the Housing (Northern Ireland) Order 1988 [iii] (the Housing Order) which came into force in April 1989. The relevant provisions are contained in Part II [articles 3 -17] of the Housing Order and are outlined below:

n Main definitions [articles 3 - 6];

n Duties of the Northern Ireland Housing Executive (NIHE) [articles 7 - 14];

n Assistance for voluntary organisations [article 15];

n Hostel accommodation for persons in need [article 16];

n Supplemental (false statements, withholding information and failure to disclose change of circumstances) [article 17].

The homelessness provisions of Part II [articles 3 - 17] of the Housing Order are enclosed at Annex 1.

In summary, the Housing Order places a statutory duty on the NIHE to provide temporary and/or permanent accommodation for certain groups of homeless persons, depending on an assessment of each person's case. In general, the legislation will potentially assist persons who are homeless or threatened with homelessness. Priority status can be granted to a person who can prove homelessness/threatened homelessness [article 3] and who falls within the list of persons defined as having a priority need in the Housing Order [article 5] and who became homeless through no fault of their own (unintentionally) [article 6]. Those who satisfy the three tests of

n     homelessness;

n     priority need; and

n     intentionality

are considered to have Full Duty Application status. Each of the three criteria and the outcome of inquiries are considered in more detail below.

Homeless or threatened with homelessness? [article 3]

A person is homeless in any of the following circumstances:

n     he has no accommodation in Northern Ireland;

n     he and his family have no legal rights to occupy any property in Northern Ireland (ie by owning, renting or having permission to live there) or he has an interest in a property but is unable to use it (i.e. a tenancy agreement which restricts the number of residents, thereby prohibiting the interested party from residing there with family);

n     it would be unreasonable for the person to continue to reside in their current accommodation (potential reasons include disrepair, overcrowding and intimidation);

n     he cannot secure entry to the current accommodation (this may be due to an illegal eviction);

n     it is probable that occupation of the current accommodation will lead to violence from another resident or threats which are likely to be carried out from another resident;

n     he lives in accommodation which is a movable structure, vehicle or vessel (potentially a caravan or a boat) but has no place with entitlement or permission to place it and reside in it (i.e. parking and mooring facilities are unavailable);

n     he is threatened with homelessness, i.e. it is likely that he will become homeless within 28 days (the period starts to run from the day that the NIHE receives written notice of homelessness; i.e. court order, notice to quit).

This list encompasses three different types of homeless situation -

n     actual homelessness;

n     deemed homeless (for example, the person has accommodation but it would not be reasonable to expect them to continue to live in it);

n     threatened homelessness (for example, the person is not homeless at present but is likely to be actually homeless within the next 28 days as a result of a court order);

If the NIHE has reason to believe that a person may be homeless and have a priority need they must provide temporary accommodation while continuing their inquiries relating to that person [article 8].

The homelessness position with regard to persons who are subject to immigration control is dealt with below.

Priority need? [article 5]

A person will have a priority need for accommodation in the following circumstances:

n     a pregnant woman or a person with whom a pregnant woman resides or might reasonably be expected to reside (this includes a husband, a co-habitee and potentially any person who might otherwise be reasonably expected to reside with the pregnant woman ie a male partner who is not the father of the child);

n     a person with whom dependant children reside or might reasonably be expected to reside (this may include children being released from care taking into account when they will be released and children who reside with a parent in a joint custody basis depending on the circumstances);

n     a person, or someone who lives with or might reasonably be expected to live with the person, is vulnerable due to old age, mental illness, disability or any other special reason (vulnerability will be examined in terms of finding and keeping accommodation and dependency while homeless; old age is defined as persons over 60 years of age);

n     a person is homeless or threatened homeless as a result of an emergency such as a flood, fire or other disaster;

n     a person without dependant children who satisfies the NIHE that he has been subject to violence and is at risk of violent pursuit, or in the event of returning home is at risk of further violence (this would include victims of intimidation and domestic violence);

n     a young person (aged between 16 and 21) who is at risk of financial or sexual exploitation.

If the NIHE finds that a person is homeless and has a priority need they must provide temporary accommodation for the person while assessing whether they are intentionally homeless or not. The NIHE also has a duty at this time to provide the homeless person with advice and assistance to assist them in finding accommodation. If the finding is that a person is homeless but does not have a priority need the NIHE's remaining duty is to provide them with written notification of the decision and reasons for it as well as advice and assistance to obtain accommodation.

Intentionally homeless? [article 6]

A homeless person with a priority need for accommodation must pass the intentionality test in order to obtain accommodation on a permanent (or temporary indefinite) basis.

Article 6 (1) states that:

"a person becomes homeless intentionally if he deliberately does or fails to do anything in consequence of which he ceases to occupy accommodation, whether in Northern Ireland or elsewhere, which is available for his occupation and which it would have been reasonable for him to continue to occupy".

A person shall be considered to have become homeless intentionally (or threatened homeless intentionally [article 6 (2)]) if the act or omission carried out is deliberate and directly results in the homelessness or threatened homelessness. An example is wilfully failing to pay rent or a mortgage or failing to take up an offer of accommodation. The accommodation must have been available for the homeless person and their family and they must currently have vacated the property or are under threat of homelessness despite the fact that it would be reasonable for them to remain in the accommodation.

If the NIHE finds that a person is homeless, has a priority need and is not intentionally homeless it must secure suitable accommodation for that person. This may include permanent accommodation or temporary accommodation provided on an indefinite basis. In the case of threatened homelessness the NIHE's duty is to ensure that accommodation is retained. If the finding is that the person is homeless, has a priority need and is intentionally homeless, the NIHE must provide temporary accommodation for a reasonable period to enable them to find alternative permanent accommodation, provide advice and assistance on finding accommodation, arrange to store personal possessions if required and arrange transport to temporary accommodation if necessary.

Notification of Decision and Reasons [article 9]

When the NIHE has completed its inquiries it shall notify the applicant of its decision. If the finding is a failure to satisfy any of the three criteria reasons for the decision shall be given. Decisions and reasons shall be in writing.

Appeals [iv]

If the applicant is not satisfied with any aspect of the NIHE's decision he may appeal. The NIHE has an internal appeal mechanism which entitles the applicant to a first appeal to the appropriate district, grants or area manager. If the applicant is still dissatisfied a second appeal can be made to the Chief Executive.

Once the internal appeals mechanism has been exhausted a challenge may be made to the NIHE's decision by way of judicial review. An application for judicial review must be made promptly, having exhausted the internal appeals system, and at the latest within three months of the NIHE's decision unless there are exceptional circumstances which justify the delay. Applicants must therefore act promptly in commencing proceedings of judicial review and ensure that there is no delay. The three month period referred to above should not be regarded as a time limit. An applicant must have grounds for a judicial review and examples of challenges to a decision include: -

n     relevant factors were not taken into account, or irrelevant factors were taken into account, in making the decision;

n     the decision was contrary to the law;

n     the decision was taken in bad faith or dishonestly;

n     the procedures were biased or applied unfairly;

n     the NIHE acted contrary to the rules of natural justice.

A judicial review is concerned mainly with the procedures adopted by a public body in carrying out its duties and the application of those procedures to the decisions of the public body.

If the applicant believes that maladministration has occurred in the decision making process a complaint can be made to the Ombudsman (also known as the Commissioner for Complaints) within one year of a decision. Examples of maladministration may include incompetence, unfairness, discrimination and delay. The Ombudsman cannot consider a complaint if legal action, including a judicial review, is pending or in progress. In addition, any internal complaints mechanism should normally be exhausted prior to making a complaint.

Assistance for Voluntary Organisations [article 15]

The housing order makes provision, under article 15, for the NIHE to have discretion to provide voluntary organisations concerned with homelessness, or related matters, with assistance by way of grant or loan.

Housing Selection Scheme

In addition to the legislation there is a housing selection scheme approved by the Department for Social Development which has been in effect from 01 November 2000. Participants in the scheme include the NIHE and registered housing associations. Applicants to the scheme are assessed and awarded points under four criteria: intimidation; insecurity of tenure; housing conditions; and health/social well being assessment. The total points an applicant receives determines their place on the common waiting list.

Comparison with legislation in Great Britain and the Republic of Ireland

A similar approach is evident in the legislation on homelessness in England, Scotland, Wales and Northern Ireland characterised by inquiries into whether the person is homeless or threatened with homelessness, whether they have a priority need as defined in the legislation and whether or not they became intentionally homeless.

In the Republic of Ireland, however, a more widely defined definition of homelessness is adopted under the legislation. The local authority has power to deal with homeless persons but is not under a statutory duty to do so.

There are a number of key differences between the jurisdictions which are outlined below.

           Housing (Scotland) Act 2001 / Housing (Scotland) Act 1987

n     There is a statutory duty on local authorities, when required to do so by the Scottish Ministers, to carry out an assessment of homelessness in their area and to prepare a strategy to prevent and alleviate homelessness.

n     The local authority has a statutory duty to ensure that advice and information about homelessness is available free of charge to anyone in the authority's area.

n     The definition of homelessness in the Scottish legislation is that a person is homeless if he has no accommodation in the United Kingdom or elsewhere. This is the same as the definition which applies in England and Wales. In Northern Ireland, a person is currently defined as homeless if they have no accommodation in Northern Ireland.

n     The period during which a person may be potentially threatened with homelessness is two months under the Scottish legislation. It is 28 days under the housing order in Northern Ireland.

n     The definition of priority need in the Housing (Scotland) Act 1987 does not contain two specific groups which are included in the Housing (Northern Ireland) Order 1988 - namely those without dependent children at risk of domestic violence and young persons at risk of sexual or financial exploitation.

n     If the local authority has reason to believe that a person may be homeless or threatened with homelessness it may, if it thinks fit, inquire as to whether the person has a local connection with the district of another local authority in Scotland, England and Wales. In certain circumstances they may refer the application to another local authority. Similar provisions do not exist under Northern Ireland legislation.

n     The notifying authority must, under Scottish legislation, notify the applicant of his right to a review of their decision.

n     There is a duty on local authorities to ensure that accommodation is available to applicants who are assessed as homeless pending the results of full inquiries or if there is a statutory review of a decision underway.

n     Registered social landlords have a duty to provide accommodation for homeless persons when requested to do so by a local authority.

n     Local Authorities must prepare and submit to Scottish ministers, when required, proposals for maintaining a list of applicants for housing.

Housing Act 1996 / DRAFT homelessness bill (England and Wales)

This section includes, where appropriate, commentary on proposed legislation contained in the homelessness bill which is currently passing through Parliament.

n     There is, at present, no statutory duty in England and Wales to prepare a homelessness strategy under the Housing Act 1996. However the homelessness bill, if enacted, will impose a duty on housing authorities to carry out a homelessness review and formulate and publish a homelessness strategy based on the result of the review.

n     The local housing authority has a statutory duty to ensure that advice and information about homelessness is available free of charge to anyone in their district.

n     The definition of homelessness in Great Britain (England and Wales) is that a person is homeless if they have no accommodation in the United Kingdom or elsewhere. This is the same as the definition which applies in Scotland. In Northern Ireland, a person is currently defined as homeless if they have no accommodation in Northern Ireland.

n     The period during which a person may be potentially threatened with homelessness is 28 days under legislation both in Great Britain and in Northern Ireland. In Scotland the period is two months.

n     Article 5 of the Northern Ireland legislation outlines the priority need groups. The groups are largely the same as the equivalent section 189 of the Housing Act 1996. However, the Northern Ireland legislation makes provision for additional groups not contained within the Housing Act 1996 - namely those without dependent children at risk of domestic violence and young persons at risk of sexual or financial exploitation. Legislation in both Northern Ireland and Great Britain provides for the appropriate Department/Minister to specify further priority need groups. In Wales, the Homeless Persons (Priority Need) Wales Order 2001 specified further priority need groups which basically included the additional Northern Ireland groups - care leavers or persons at particular risk of sexual or financial exploitation, 18 years or over but under the age of 21, 16 or 17 year olds and persons fleeing domestic violence or threatened domestic violence. The Welsh order also includes persons homeless after leaving the armed forces and former prisoners homeless after being released from custody.

n     Article 6 of the Housing (NI) Order 1988 deals with the issue of intentional homelessness. This is very similar to section 191 of the Housing Act 1996. However the 1996 Act expressly includes persons that make themselves homeless simply to become entitled to help under homeless regulations (191 (3)).

n     In establishing if a person is homeless and entitled to help the Housing Act 1996 contains a power for an authority to make inquiries as to whether the person has a connection with the district of another local housing authority in England, Wales or Scotland. Similar provisions do not exist under Northern Ireland legislation.

n     The Housing Act 1996 currently limits the duty in England and Wales to provide accommodation to homeless persons who have a priority need and are not intentionally homeless to two years. The homelessness bill, if enacted, will remove the two year limit. There is no equivalent limit under Northern Ireland legislation.

n     Clause 5 of the homelessness bill, if enacted, will provide authorities with a power to secure accommodation for applicants who are not in priority need and are not homeless intentionally, where previously they had no power to do so. Equally where an applicant is in similar circumstances, but only threatened with homelessness, an authority may take reasonable steps to ensure that he continues to be housed in his current accommodation.

n     Clause 10 of the homelessness bill, if enacted, relates to persons claiming to be homeless who are at risk of violence. It amends Article 177 of the 1996 Act to provide that, for the purposes of determining homelessness, it is not reasonable for a person to continue to occupy accommodation if it is probable that this will lead to violence or threats of violence against him or someone with whom he usually resides or might reasonably be expected to reside. At present the provision only applies to cases of domestic violence.

Housing Act 1988 (Republic of Ireland)

n     Section 2 of the Housing Act 1988 defines a person as homeless in the following circumstances:

(a) there is no accommodation available which, in the opinion of the authority, he, together with any other person who normally resides with him or who might reasonably be expected to reside with him can reasonably occupy or remain in occupation of, or

(b) he is living in a hospital, county home, night shelter or other such institution, and is so living because he has no accommodation of the kind referred to in paragraph (a).

The local authority is responsible for deciding whether a person is homeless.

n     Section 10 of the Act, whilst not putting a statutory obligation on local authorities, gives them powers to respond to homelessness by directly arranging and funding emergency accommodation, making arrangements with a health board or voluntary body for the provision of emergency accommodation and/or making contributions to voluntary bodies towards the running costs of accommodation provided by them.

Proposals for the Housing Bill - New Homelessness Provisions

It should be noted that the proposals for the housing bill are currently at the pre-bill consultation phase. The new provisions relating to homelessness fall broadly into three main areas:

n     definition of homelessness;

n     intentional homelessness; and

n     homeless persons from abroad.

Definition of Homelessness

The definition of homelessness under the Housing Act 1996 (which applies to England and Wales) is stated below:

"section 175 - (1) A person is homeless if he has no accommodation available for his occupation, in the United Kingdom or elsewhere, ...".

Under the Housing Order 1988, which applies in Northern Ireland, the definition of homelessness is as stated below:

"art 3 - (1) A person is homeless if he has no accommodation in Northern Ireland."

In relation to the definition on homelessness, the proposal is to introduce the wider definition under the Housing Act 1996 into Northern Ireland. This would prevent the potential situation arising where the NIHE could be required to provide homelessness assistance to applicants who already have available accommodation which they could occupy outside Northern Ireland.

Intentional Homelessness

Under the Housing Act 1996 (section 191) the categories of persons who are considered to be 'intentionally homeless' includes applicants who enter into arrangements with other parties in order to avail of the homelessness provisions of the legislation.

The Housing Order [article 6 - see above] contains a broader and less defined definition of 'intentionally homeless' which does not expressly include this category of person. It is proposed to include this category of person by express provision in the housing bill in order to reduce the NIHE's vulnerability to legal challenge. This would put on a statutory basis the NIHE's existing policy of treating this category of person as 'intentionally homeless'.

Homeless Persons from Abroad

The Immigration and Asylum Act 1999 provides that persons subject to immigration control are not entitled to assistance under homelessness legislation in Northern Ireland unless they are of a class specified in regulations made by the Home Secretary or another Secretary of State.

The equivalent legislation for England and Wales is contained in the Housing Act 1996. This legislation also contains a power to make regulations which prescribe classes of person from abroad who, while not subject to immigration control in law, are to be treated as ineligible for homelessness assistance. This power does not exist currently in Northern Ireland legislation and as a result certain persons who are ineligible for homelessness assistance elsewhere in the United Kingdom could claim it in Northern Ireland.

The housing bill consultation, however, includes a new power enabling the Secretary of State to make provision by regulations specifying the description of persons who are to be treated as persons from abroad who are not eligible for assistance under part II of the Housing (NI) Order. It is also proposed to include a clause stating that persons from abroad who are subject to immigration control, and are not eligible for housing assistance by virtue of section 119 of the Immigration and Asylum Act 1999, are not eligible for housing assistance under the Housing (NI) Order 1988. Provision is also made to require the Secretary of State to provide information concerning the potential new provisions (for example; relating to persons from abroad and immigration status) to assist the NIHE to determine a persons eligibility for assistance.

An additional new clause proposes to empower the NIHE to take into account the unacceptable behaviour of an applicant, or a member of his household, which is serious enough to make him unsuitable to be a tenant of the NIHE. The only behaviour which may be regarded as unacceptable in these circumstances is behaviour which would (if he were a secure tenant of the NIHE) entitle the NIHE to a possession order under Article 29 of the Housing (NI) Order 1983.

Impact of the Proposed Changes in terms of Equality, New Targeting Social Need and Promoting Social Inclusion

Equality

Section 75 of the Northern Ireland Act 1998 requires public authorities to have due regard to the need to promote equality of opportunity, when carrying out their functions in relation to Northern Ireland; between persons of different religious belief, political opinion, racial group, age, marital status or sexual orientation; between men and women generally; between persons with a disability and persons without; and between persons with dependants and persons without. The public authority must also have regard to the desirability of promoting good relations between persons of different religious belief, political opinion or racial group [v] .

To comply with its section 75 statutory duties the authority must prepare and comply with its equality scheme. This requires the public authority to screen all its policies, including new proposals for legislation, to assess their impact on the promotion of equality of opportunity. Those which will have an impact on equality of opportunity will be considered for a full equality impact assessment and the results of the assessment must be published. These results will therefore be available for public scrutiny.

An assessment of the implications of any proposals for legislation must include an assessment of its implications for the section 75 duties in order to seek executive committee approval for the policy to which the proposed legislation is to give effect. An assessment of the section 75 implications must also be included in the memorandum accompanying a bill which goes to any Committee of the Assembly considering legislative proposals. Most of the proposed changes seek to narrow the groups of people who are eligible for assistance under existing homelessness legislation and the impact of the proposed changes will need to be assessed against each of the nine section 75 groups.

The proposed changes must be also comply with the convention rights as set out in the Human Rights Act 1998.

New Targeting Social Need (TSN) and Promoting Social Inclusion (PSI)

New TSN is a policy which aims to tackle social need and social exclusion in Northern Ireland by targeting efforts and available resources on people, groups and areas in the greatest social need. The policy is also intended to contribute to the reduction of community differentials in Northern Ireland. New TSN comprises a number of complementary elements including tackling inequalities in housing and tackling social exclusion through the Promoting Social Inclusion (PSI) initiative.

Most of the proposed changes seek to narrow or clarify the groups of people who are eligible for assistance under existing homelessness legislation.

How are the Homeless Subject to Immigration Control dealt with in Great Britain and the Republic of Ireland?

Great Britain

Under the Immigration Act 1971 a person from abroad is regarded as being any person that is not:

(i)     a British Citizen;

(ii)    a Commonwealth citizen who has the right of abode in the United Kingdom; or

(iii)   a citizen of a member country with the European Economic Area (EEA). (All countries in the European Union plus Iceland, Norway and Liechtenstein)

Any person that does not fit into these categories is likely to be subject to immigration control.

The Housing Act 1996 [vi] states that those subject to immigration control are not entitled to assistance under homelessness legislation unless they are in a class specified by the Home Secretary (or another Secretary Of State). The Homelessness (England) Regulations 2000 [vii] details those that qualify for housing assistance and are subject to immigration control. See Annex 2 for further details of such persons.

Under The Homelessness (England) Regulations 2000 the following is a description of persons that are treated as a person from abroad who are ineligible for housing assistance [viii] :

A person who is not habitually resident in the Common Travel Area other than -

(a)       a worker for the purposes of Council Regulation (EEC) No. 1612/68or (EEC) No. 1251/70;

(b)       a person with a right to reside in the United Kingdom pursuant to the Immigration (European Economic Area) Order 1994 and derived from Council Directive No. 68/360/EEC or No. 73/148/EEC;

(c)       a person who left the territory of Montserrat after 1st November 1995 because of the effect on that territory of a volcanic eruption;

(d)       a person who is on an income-based jobseeker's allowance or in receipt of income support.

Provisions are made for temporary accommodation under the Immigration and Asylum Act 1999 to provide for those asylum seekers lacking adequate accommodation or any means of obtaining it. This is administered by the National Asylum Support Service. This accommodation will be provided for the duration of the assessment of an asylum claim and then the asylum seeker will either move to one of the categories that qualifies under homeless legislation or be ordered to leave the country.

A February 2002 White Paper [ix] suggests no radical departures from current policy though the Government has stated plans to trial establish a number of new Accommodation Centres to accommodate asylum seekers whilst their claims are being processed.

The Northern Ireland context

The Immigration and Asylum Act 1999 [x] provides that persons subject to immigration control are not entitled to assistance under homelessness legislation in Northern Ireland unless they are a class specified in regulations made by the Home Secretary [xi] .

However, the provisions of Section 185(3) of the Housing Act 1986, which applies in England and Wales, does not apply in Northern Ireland. This means that there is currently, in Northern Ireland, no power to make regulations prescribing certain classes of person from abroad who are not subject to immigration control, but are intended to be treated as ineligible for homelessness assistance. However the housing bill (in Northern Ireland), if enacted, proposes to make this power to make regulations available in Northern Ireland.

Republic of Ireland. [xii]

The Aliens Act 1935 defines an alien as "a person who is not a citizen of Saorstát Eireann". Article 10 of the Act has provided for exemptions to be made. Therefore a person from abroad who is subject to any type of immigration control is generally regarded as those that are not citizens of a country of the European Economic Area (EEA - All countries in the European Union plus Iceland, Norway and Liechtenstein).

The Directorate for Asylum Support Services was established in November 1999. Its role is to secure and provide accommodation throughout the state to cater for the needs of asylum seekers entering the country in the light of the lack of available accommodation in the Dublin area where most had been accommodated until then. Since April 2000, asylum seekers presenting themselves to the Refugee Applications Centre are being assigned by the Directorate for Asylum Support services to accommodation centres in Dublin. They stay at these reception centres for a period of 1 - 2 weeks before being allocated temporary accommodation around the country whilst their applications are being processed. [xiii]

The Refugee Act 1996 outlines that that those declared as refugees [xiv] are entitled to the "the same social welfare benefits as those to which Irish citizens are entitled such as housing." [xv] Those failing to gain a declaration of refugee status will be subject to deportation orders under The Immigration Act 1999. [xvi]

Under Article 2 of the Refugee Act 1996 "a refugee" means a person who, owing to a well founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his or her nationality and is unable or, owing to such fear, is unwilling to avail himself or herself of the protection of that country; or who, not having a nationality and being outside the country of his or her former habitual residence, is unable or, owing to such fear, is unwilling to return to it, but does not include a person who -

(a)       is receiving from organs or agencies of the United Nations (other than the High Commissioner) protection or assistance,

(b)       is recognised by the competent authorities of the country in which he or she has taken residence as having the rights and obligations which are attached to the possession of the nationality of that country,

(c)       has committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes,

(d)       has committed a serious non-political crime outside the State prior to his or her arrival in the State, or

(e)       has been guilty of acts contrary to the purposes and principles of the United Nations.

THE SOCIAL DIMENSION

This section presents a review of the social dimension of homelessness in Northern Ireland and the proposals contained in the forthcoming Housing Bill. It encompasses the following areas:

n     Statistical data profiling homelessness in Northern Ireland;

n     Current arrangements for homeless people in Northern Ireland;

n     The rationale for the proposed changes in relation to homelessness in Northern Ireland and how these changes are likely to affect the homeless;

n     How the proposed changes will impact on the role played by the Northern Ireland Housing Executive;

n     How the proposed changes will affect the numbers of people classified as homeless; and

n     The numbers of people from Great Britain who are housed by the Northern Ireland Housing Executive (NIHE) as a result of the differences in definitions of homelessness.

Statistical Profile of Homelessness in Northern Ireland

The statistical profile provides an overview of:

n     Trends in numbers presenting and accepted as homeless;

n     Regional variations;

n     Reasons for homelessness;

n     A Profile of homelessness, and;

n     Assessment Outcomes.

Trends in Numbers Presenting and Accepted as Homeless

The number of households presenting as homeless in Northern Ireland has increased by 26% (from 10,081 to 12,694) over the last 10 years. Part of this increase is due to the new Housing Selection Scheme, which automatically triggers a homelessness assessment if certain criteria are met in housing applications [xvii] .

The number of households deemed by the Northern Ireland Housing Executive to have met the legislative criteria for priority status has increased by 55% (from 4,158 to 6,457) over the last 10 years (Figure 1, overleaf). The proportion of applications accepted has increased from 41% to 51% over the period.

The proportion of those presenting as homeless deemed to be 'intentionally homeless' has declined from around a third 10 years ago to just over a quarter in recent years. The numbers of 'intentionally homeless' have remained fairly constant over the last 10 years with a total of 3,449 for 2000/01.

Regional Variations

Northern Ireland has a higher proportion of households presenting as homeless than other UK regions (Figure 2, overleaf). A greater proportion of these are also accepted as homeless by the Northern Ireland Housing Executive (51%) than by local authorities in England, Scotland and Wales (43%, 45% and 32% respectively).

Figure 1. Homelessness Applications & Acceptances: 1991/92 - 2000/01

Figure 2. % of Households Presenting as Homeless by UK Region (2000/01)

An analysis of the five NIHE regions reveals an increase over the last 10 years in the numbers presenting in all areas except for the West, which has declined particularly over the last three years (Figure 3, overleaf). Applications in the Belfast area have shown a marked increase over the last two years and this increase is reflected in a dramatic upsurge in the number accepted as priority cases in Belfast over the same period (Figure 4, overleaf).

Republic of Ireland

Comparable statistics are not available for the Republic of Ireland, although the last assessment carried out in 1999 indicated that there were a total of 5,234 homeless persons with no available accommodation [xviii] .

Reasons for Homelessness

An analysis of the main reasons given by those presenting as homeless shows that disputes with cohabitants or neighbours is the main cause of homelessness (Figure 5, page 18). The extent of intimidation appears to account mostly for yearly fluctuations. Overall, increases in relationship breakdowns and intimidation combined appear to account for a significant element of the overall increase in applications. A more detailed analysis of 2000/01 applications shows that family/sharing disputes and relationship breakdowns collectively account for over a third of all cases, while intimidation is the next most often cited reason accounting for 13% of all cases (Figure 6, page 18).

Profile of Homelessness

Almost half of all applications come from single people (two-thirds of whom are male). Families accounted for 41% of all those presenting as homeless in 2000/01 (Figure 7, page 19). Around 15% of those presenting as homeless originate from various institutional accommodation such as prison, hospital or care.

In a study undertaken by the Simon Community and the Health & Social Services Council, 20% of single homeless people regarded themselves as being in poor health; 27% had problems associated with alcohol; 12% reported drug dependency; and 47% reported a long-term problem including chronic conditions such as asthma and manic depression [xix] .

The vast majority (97%) of those presenting to the Housing Executive as homeless originate from Northern Ireland. In 2000/01, a total of 321 of those presenting as homeless were from outside Northern Ireland (172 from GB; 63 from ROI; 17 from other countries within the European Union; and 69 from outside the EU). The majority of asylum seekers are not administered under the homelessness legislation and are dealt with through the Home Office.

Figure 3. Homelessness Applications by Region

Figure 4. Homelessness Acceptances by Region

Figure 5. Homelessness Applications by Reason (main reasons only)

Figure 6. Applications by Reason (2000/01)

Figure 7. Applications by Household Type (2000/01)

Assessment Outcomes

Families are more likely to be given priority status (singles only represent 33% of all acceptances while families constitute 52% of those awarded priority status). Two- thirds of single presenters are not accepted under the legislation and many of these turn to the voluntary sector for assistance. A total of 3,726 individuals approached the Simon Community in need of emergency accommodation in 2000/01 (just over half of whom were aged under 25) [xx] .

Around 20% of households presenting as homeless are placed in temporary accommodation. The average stay in temporary accommodation is 135 days for those accepted as homeless and 52 days for those subsequently deemed not to be homeless. There does not appear to be any information available for the number of people sleeping on the streets of Northern Ireland.

Current Arrangements for Homeless persons in Northern Ireland

As stated in the previous section, the 1988 Housing (Northern Ireland) Order places a statutory duty on the NIHE to provide various levels of assistance to those who are homeless or threatened with homelessness [xxi] . A review of the operational nature of the assessment procedures [xxii] indicates that the onus is on the presenter to effectively establish that they are homeless and that they qualify for accommodation [xxiii] . The Order also obliges the Area Health Boards, Federation of Housing Associations and the Probation Board for Northern Ireland to co-operate with the NIHE, if requested to do so. However, because the NIHE alone has the statutory duty to deal with homelessness and none of these agencies manages hostels, there is no special statutory code of guidance which directs how this co-operation operates in practice.

In addition to the statutory provision accessible through the NIHE, various levels of support and assistance are provided through a wide range of voluntary organisations and agencies. This provision is reviewed below.

Northern Ireland Housing Executive Assessment Procedures

The NIHE seeks to provide for persons who qualify as Full Duty Applicants (FDAs) [xxiv] , that is applicants who are homeless through no fault of their own and are in priority need. Such persons are entitled to permanent housing, and if this is not immediately available, temporary accommodation. Applicants who are homeless and in priority need but who have intentionally brought about the situation are entitled to temporary accommodation and to have their furniture stored for a limited period until they can locate their own accommodation. Temporary accommodation may also be provided for applicants who are considered homeless and potentially in priority need. This provision is made until further inquiries are completed to ascertain the priority need status of the individual.

The, 'Statistics and Homelessness' section above, presents more details regarding assessment outcomes, however it may be pertinent to highlight the following statistics. Of the total number of applicants presenting as homeless, (12,694 in 2001/2002) 51% were accepted as statutory homeless or Full Duty Applicants, and families (at 52%) were more likely to meet the statutory requirement than singles (33%) [xxv] .

The NIHE aims to assess 95% of all applications in 33 days. Performance for the year to the end of November 2001 was identified as 92% [xxvi] . This is a considerable improvement in performance from the figures quoted for the year 2000-2001, when 64% of applications were assessed within the target time [xxvii] . Applicants who are unhappy with the decision made by the NIHE may appeal through the internal appeal system operated by the NIHE. [xxviii]

Provision of Temporary Accommodation

Approximately 20% of those who present as homeless are allocated temporary accommodation. The NIHE suggests that this figure has remained fairly constant. The allocation of places generally correlates with the level of presentations in each area of Northern Ireland, although the ratio of places in Belfast and Londonderry is generally higher than elsewhere [xxix] .

In terms of the type of temporary accommodation allocated to applicants, the NIHE states that it "seeks to provide the most suitable available temporary accommodation" [xxx] . Generally a placement is sought in one of the Housing Executive's own hostels, however if this is not available, individuals may be accommodated in a voluntary or private sector hostel. Placement in the private sector (which tends to be bed and breakfast type accommodation) is described as a "last resort" [xxxi] . According to the NIHE, B&Bs are used primarily for those who are awaiting the outcome of further enquiries into their homeless status, however they do state amongst their recommendations in the Homelessness Strategy and Services Review an intention to reduce 'reliance on bed and breakfast accommodation' [xxxii] .

A review of temporary accommodation available in Northern Ireland indicates the following levels of provision [xxxiii] , see Table 1:

Table 1

NIHE Accommodation

173 units

Voluntary Sector

1482 bed spaces

Private Sector (bed bureau)

725 bed spaces

A Review of the usage of temporary accommodation by the NIHE during 2000/2001 indicates that the private sector accounts for over half of all placements [xxxiv] see Table 2.

Table 2

NIHE

483 (20%)

Voluntary Sector

585 (24%)

Private Sector

1387 (56%)

Total

2455 (100%)

Costs

The costs for all temporary accommodation are fully met by the NIHE, through housing benefit, top-up payments and direct payments. Top-up payments are only paid in the event of an individual living in private accommodation, where the amount paid through housing benefit results in a shortfall. Housing benefit payments for NIHE and voluntary hostels cover the agreed charges.

Three different methods are currently used to administer housing payments:

n     Housing benefit payments which are used for NIHE and voluntary hostels, and the private sector bed bureau;

n     Voucher or top-up payments paid to meet the shortfall in housing benefit used in the private sector; and

n     Issue of cheque requisition, used for non bed bureau hotels.

In the year 2000/2001, top-up payments amounted to over £1.1million. The NIHE estimates that the average weekly charges for NIHE and voluntary sector hostels and B&Bs are as detailed below in Table 3:

Table 3

Single

Family

Housing Executive

£85

£115

Voluntary Sector

£160 (£90 support)

£205(£120 support)

Private (B&B)

£95

£215

Additional services provided beyond accommodation explain the additional charges. If these charges are discounted it appears that accommodation in the private sector is 45% more costly than in the other sectors.

Occupancy rates and levels

A review of occupancy levels in temporary accommodation for the year 2000/2001, indicates that almost all NIHE and voluntary hostels were 90-100% occupied all of the time [xxxv] . The average stay for individuals in temporary accommodation is currently 113 days and 135 days for those accepted as Full Duty Applicants. For those who are placed in temporary accommodation and subsequently not accepted as homeless, the average stay is 52 days. Full Duty Applicants in Belfast and Londonderry tend to stay longer, perhaps up to 190 days. Some residents in temporary hostels usually older single persons, tend to be long-term occupants. These are generally individuals who without some form of support are unable to move to independent living. To re-house this group without such support may only result in them re-presenting as homeless when other accommodation options fail. [xxxvi] The NIHE estimates that 25% of those in hostel spaces in Belfast and 20% in Londonderry are in this category.

Accommodation Provision - Permanent Re-housing

The challenges associated with the permanent re-housing of homeless persons are unique to Northern Ireland with other parts of the UK having the duty to secure temporary accommodation only. However current proposals suggest this may change in the near future.

According to the NIHE, there is considerable variation in the period required to find suitable permanent housing for homeless households. It notes that 'the areas experiencing the longest delays in re-housing homeless applicants correlate with areas of high demand, low supply or a combination of both' [xxxvii] . While areas of particular high housing stress are identified annually and subsequently included in new build programmes, the cost of, or lack of availability of suitable sites often hampers development.

The difficulties of providing permanent housing for homeless people may be considered against the backdrop of the current housing market in Northern Ireland. Firstly, an increase in the numbers of tenants taking advantage of the House Sales scheme, has contributed to a reduction in the housing stock levels and subsequently opportunities for homeless people to access rented housing. On average, 5,000 homes in the social rented sector are purchased annually. In addition some 1,000 Housing Executive dwellings are demolished each year, and lastly the current new build level of 1,500 social rented dwellings per year does not adequately increase housing provision [xxxviii] .

Homeless presenters who have been accepted as Full Duty Applicants are eligible to apply for housing through the Housing Selection Scheme [xxxix] .

After-Hours Provision

While the NIHE is statutorily responsible for a 24 hour service, it is supported out of hours by the Health and Social Services Trusts. An assessment of applicants who apply outside office hours is made on the basis of their perceived vulnerability. Social Services do not undertake investigations into individual cases, except to establish if an applicant is in priority need. If this is not the case they are given details of self-referral hostels and asked to make their own arrangements. If an applicant is identified as being in priority need, suitable accommodation is sought and if necessary transport is arranged. The Emergency Duty Social Work Service only provides temporary accommodation until the next working day when the client may then be relocated following referral of their case to the NIHE.

Difficulties have been identified in accessing some hostels out of hours and locating suitable accommodation for young people [xl] . There is also considerable diversity in the approach adopted by the Health Boards and it has been suggested that the system of 'sign-posting' and contact is relatively complex.

Other support and assistance available

In addition to the provisions outlined above the NIHE in co-operation with other agencies is pursuing the following activities.

Planning

According to NIHE's Homelessness Strategy and Services Review [xli] , plans for general needs provision which includes homelessness, are made on three levels:

n     At a strategic level, the annual Housing Market Review determines gross new build requirements

n     At Council level, through District Housing Plans assessments are made for new build requirements from the bottom-up and;

n     At a sectoral level, consideration is given to the requirements of specific areas requiring special attention.

Requirements for temporary accommodation are planned through an annual review.

Joint planning has been initiated with the Health and Social Services Trusts to address the needs of individuals who require additional support. The Housing and Health - Towards a Shared Agenda report documents the progress which has been made in increasing such provision through Housing Association new builds and voluntary sector management. Further provision for sheltered and supported housing is planned through the Supporting People programme - a new funding and policy framework due to commence in April 2003 [xlii] .

Prevention

The NIHE currently provides information and advice which it believes will contribute towards the prevention of homelessness. This includes advice and information relating to applications for accommodation, the rights of private rental tenants, the use of rent guarantee schemes and referrals to specialist advice agencies regarding debt, marital breakdown and property rights.

Reception Services

Applicants seeking housing support may call to any of the Housing Executive's 37 district offices or the Housing Advice Centre. If access is not possible, due to an applicant's disability, a home visit may be arranged. Applications may also be triggered by a normal housing application or transfer visit.

Taxis and Furniture Storage

Where necessary, the NIHE provides and meets the cost of taxi services for homeless applicants, from Housing Executive offices to temporary accommodation. In the case of eligible homeless applicants, the NIHE arranges for the storage and protection of belongings and furniture. If an individual is experiencing financial hardship, the NIHE will also meet the financial costs.

The NIHE recently completed a review of its homelessness strategy and services. A substantial list of recommendations concerning a diversity of issues has been compiled. Implementation of this is due to commence in April 2002.

Support and Assistance in the Voluntary Sector

Where accommodation cannot be provided to a homeless applicant through the NIHE, a referral may be made to one of the voluntary sector organisations in Northern Ireland which offer accommodation and support to homeless persons. These agencies range from individual hostels to larger organisations such as the Simon Community which provides accommodation, resettlement, support and training. Referrals may come from the NIHE, the Probation Board for Northern Ireland, Health and Social Services or the PSNI. Those presenting as homeless may also contact a voluntary organisation directly. As indicated above in the Statistical Profile of Homelessness, around 50% of those presenting as homeless to the NIHE are not accepted as homeless under the current housing arrangements. Many of these will approach a voluntary organisation for assistance - almost 4,000 individuals contacted the Simon Community in 2000/2001 [xliii] .

The organisations and agencies which are part of the voluntary sector are perceived as useful providers of independent housing advice and support. Temporary accommodation provision in the voluntary sector currently accounts for 24% of all temporary accommodation available.

Perceived Gaps in Housing Provision

This section has outlined current provisions for homeless people in Northern Ireland, however a number of organisations involved with homelessness issues have highlighted various categories of homeless persons whose needs, they believe do not appear to be fully met through the current homeless arrangements for people.

A number of agencies including the NIHE have noted a significant rise in the levels of rural homelessness. Figures for NIHE districts such as Ballymena, Coleraine and Magherafelt indicate significant increases [xliv] . According to the NIHE, those living in rural areas are less likely to contact district offices for assistance, therefore the current figures are unlikely to give an accurate representation of the full extent of the 'hidden' homeless situation. Accommodation provision for homeless people in rural areas is perceived as inadequate. In spite of the numbers of people identified as homeless, there is often insufficient concentration of homeless people to justify the creation of stand-alone hostels and voluntary organisation provision is less comprehensive in the "west of the Province" [xlv] .

The Children (NI) Order 1995 places a duty on the Health and Social Services Boards and Trusts to accommodate 16-17 year olds who are assessed as being in need. Various agencies, however, including the Children's Law Centre have referred to a lack of clarity in the current provisions for this age group. Young people who have left home may be redirected from the NIHE to Social Services and vice versa without being assessed. Concern has also been expressed that young people aged 16-21 years leaving care are not specifically identified as a priority group in the current housing arrangements, and various organisations have drawn attention to young people being refused housing assistance [xlvi] . While provision has been made through specific projects [xlvii] , significant numbers of young people are presenting to voluntary organisations such as the Simon Community, in need of accommodation and support [xlviii] .

Rationale for the Proposed Changes, Possible Effects on Homeless Persons and Numbers Classified as Homeless

The proposed change regarding the definition of a person being homeless if s/he has no accommodation in Northern Ireland or elsewhere in the UK, brings the legislation in Northern Ireland into alignment with the Housing Act 1996 and the Housing (Scotland) Act 2001. This means that the NIHE no longer has responsibility to provide assistance under homeless legislation to an individual who has no accommodation in Northern Ireland but who may have access to the same elsewhere in the UK. The effect on homeless persons is likely to be minimal and, according to the NIHE the numbers presenting in these circumstances are small. While figures indicating the number of individuals who fall into this category are not available, an analysis of the origin of households presenting as homeless to the NIHE in 2000/2001 indicates that less than 2% (172) are from Great Britain.

The second proposed change to the legislation regarding homelessness concerns individuals who enter into an arrangement with the intention of misrepresenting their circumstances in order to take advantage of homeless legislation. While such a misrepresentation is currently an offence under Article 17 of the Housing (NI) Order 1988, the failure to provide a more explicit statutory basis for the policy could expose the NIHE to legal challenge from housing applicants. Those who enter into an arrangement with families or other persons to dishonestly corroborate their claims in order that they may obtain housing assistance will be treated as intentionally homeless. Again this proposed change reflects similar provisions made in the Housing Act 1996. The impact of these changes on homeless persons is likely to be negligible.

Currently persons subject to immigration control are not entitled to assistance under homeless legislation in Northern Ireland unless they are a class specified in regulations devised by the Home Secretary (or another Secretary of State). The Housing Act 1996 contains a power to make regulations prescribing persons from abroad, who while not subject to immigration control in law are treated as ineligible for housing assistance. It is proposed that this amendment be applied to the existing legislation in Northern Ireland. Without this power, certain individuals who are unable to access homeless assistance elsewhere in the UK could claim such assistance in Northern Ireland. This proposal brings the legislation into line with that currently operating elsewhere in the UK. As with the other proposed changes, it is unlikely that significant numbers of homeless persons will be affected [xlix] . Statistics for the year 2000/2001 indicate that less than 3% of those applying for housing support are from outside Northern Ireland and of these less than 1% (86) were from an EU or non EU country [l] .

The proposed changes appear to be minor amendments to definitions, serving to address the anomalies which currently exist between Great Britain and Northern Ireland and as indicated above, appear unlikely to impact significantly on numbers of people classified as homeless. The provisions for homelessness within the proposed Housing Bill have been described as 'technical.having no significant impact on the rights of the homeless" [li] .

Impact on the Role of the NIHE

There is no evidence to suggest that the proposed changes to the current legislation will impact significantly on the role of the NIHE. The changes to the definition of homelessness will result in the NIHE no longer having a duty to those who present as homeless but have accommodation elsewhere in the UK. Similarly if an additional power is introduced to prescribe persons from abroad who while not subject to immigration controls are treated as ineligible for homelessness assistance, the NIHE will no longer have a role in this regard. With regard to the proposal concerning intentional homelessness, the NIHE already treats persons who have entered into a dishonest arrangement in order to claim housing assistance as intentionally homeless.

THE FINANCIAL DIMENSION

The final section of this paper presents a brief discussion of the financial implications of the proposed changes regarding homelessness provisions in the Northern Ireland Housing Bill. It also highlights potential funding issues associated with the proposed introduction of two new initiatives.

Current Funding

The current costs of providing Homeless Services can be divided into capital and revenue costs. Capital funding for homelessness services varies from year to year. In 2001/02 the Department of Social Development (DSD) is providing around £61m of new build funding, of which around £5.5m is for dedicated homelessness projects [lii] . Thus dedicated homelessness new-build represents 0.09% of total new build capital funding for the period.

NIHE identify recurring revenue costs in Table 4:

Table 4

Revenue Funding

Costs

Cost as % of total
estimated costs

Housing Benefit (NIHE)

£5.6 m

31.40%

Special Needs Management Allowance (DSD)

[liii] £6.0 m

33.60%

Revenue Grants to Voluntary Sector (NIHE)

£1.0 m

5.60%

Top-up payments for individuals (NIHE)

£1.5 m

8.40%

Taxi/Furniture Storage (NIHE)

£0.5 m

2.80%

Hostel Management (NIHE)

£0.4 m

2.25%

Other Statutory Agencies Funding

[liv] £*

*3.36%

Charitable Donations/Fund Raising

£*

Administration (NIHE)

£2.25 m

12.60%

Total

£17.85 m

100%

Source: NIHE (2001b:45)

The Proposed Housing Bill 2002

On the basis of the information available, the public finance implications of the proposed changes under the Housing Bill appear to be quite limited. Current homelessness regulation and NIHE practice make it likely that the main areas of change proposed in the Housing Bill will have little financial impact. As suggested earlier in the paper, the changes proposed to the definition of homelessness, to include only those without accommodation available in the United Kingdom, will have limited impact as the majority of those presenting as homeless in Northern Ireland are from this jurisdiction. For this reason again, the proposal to restrict the provision of Homeless Services to certain categories of persons from abroad, will have limited financial implications.

With regard to the changes proposed to the definition of 'intentionality' the current NIHE practice appears to be quite stringent. All decisions in the assessment process are subject to a multi-level authorisation procedure and NIHE devotes a large proportion of its resources to the assessment process. However, homelessness exists beyond the definition of homelessness, and the factors influencing it are complex. The voluntary and community sector providers are taking up this slack at present, and arrangements for financial and other support packages should reflect this.

The NIHE Homelessness Strategy (2001) and Supporting People Initiative

Two initiatives related to housing which are likely to have greater implications in the area of funding are the NIHE Homelessness Strategy (2001) and the Supporting People Initiative.

A review of the NIHE Homeless Strategy would suggest that it should make a positive contribution to addressing the problem of homelessness in Northern Ireland. Of general concern, however, is the position where capital costs associated with new build provision for supported accommodation will have to enter competition over a 3-5 year period for funding. On top of this, the additional strategy implementation costs identified at 2.2 above will be in annual competition for already scarce resources. As many of these areas of activities are outside the statutory duty of NIHE, (for example information, advice and education), there is a danger that these elements of the homelessness strategy will be marginalised.

The proposed reduction in the use of Bed And Breakfast accommodation, as the most costly temporary accommodation solution, should bring some financial benefits. While the Corporate Objective of assessing applications within 33 working days, has been partly achieved [lv] , the assessment process is the most resource intensive area of NIHE activity. Increasing performance in this area would necessitate changes to the assessment system, recruitment of additional staff and/or productivity gains. All these options have associated costs.

The Supporting People proposals have signalled the Central Government's response to developing a more coherent funding framework for supported housing. Overall funding of homelessness projects will be split into four main areas - housing benefit, Capital Funding, Supporting People and Special Homelessness Funding. However, the NIHE has indicated that it is not yet possible to predict the overall split in funding between the different streams [lvi] .

Annex 1

Statutory Instrument 1988 No. 1990 (N.I. 23)

The Housing (Northern Ireland) Order 1988

PART II

HOUSING THE HOMELESS

Main definitions

Homelessness and threatened homelessness

      3.-(1) A person is homeless if he has no accommodation in Northern Ireland.

      (2) A person shall be treated as having no accommodation if there is no accommodation which he, together with any other person who normally resides with him as a member of his family or in circumstances in which it is reasonable for that person to reside with him-

(a) is entitled to occupy by virtue of an interest in it or by virtue of an order of a court, or

(b) has an express or implied licence to occupy, or

(c) occupies as a residence by virtue of any enactment or rule of law giving him the right to remain in occupation or restricting the right of another person to recover possession.

      (3) A person shall not be treated as having accommodation unless it is accommodation which it would be reasonable for him to continue to occupy.

      (4) Regard may be had, in determining whether it would be reasonable for a person to continue to occupy accommodation, to the general circumstances prevailing in relation to housing in Northern Ireland.

      (5) A person is also homeless if he has accommodation but-

         (a) he cannot secure entry to it, or

         (b) it is probable that occupation of it will lead to violence from some other person residing in it or to threats of violence from some other person residing in it and likely to carry out the threats, or

         (c) it consists of a movable structure, vehicle or vessel designed or adapted for human habitation and there is no place where he is entitled or permitted to place it and to reside in it.

      (6) A person is threatened with homelessness if it is likely that he will become homeless within 28 days from the day on which he gives written notice to the Executive that he is threatened with homelessness.

Meaning of accommodation available for occupation

      4. For the purposes of this Part accommodation shall be regarded as available for a person's occupation only if it is available for occupation both by him and by any other person who might reasonably be expected to reside with him; and references to securing accommodation for a person's occupation shall be construed accordingly.

Priority need for accommodation

      5.-(1) The following have a priority need for accommodation-

(a) a pregnant woman or a person with whom a pregnant woman resides or might reasonably be expected to reside;

         (b) a person with whom dependent children reside or might reasonably be expected to reside;

         (c) a person who is vulnerable as a result of old age, mental illness or handicap or physical disability or other special reason, or with whom such a person resides or might reasonably be expected to reside;

         (d) a person who is homeless or threatened with homelessness as a result of an emergency such as a flood, fire or other disaster;

         (e) a person without dependent children who satisfies the Executive that he has been subject to violence and is at risk of violent pursuit or, if he returns home, is at risk of further violence;

         (f) a young person who satisfies the Executive that he is at risk of sexual or financial exploitation.

      (2)In paragraph (1)( f ) "young person" means a person who is over compulsory school age (within the meaning of Article 46 of the Education and Libraries (Northern Ireland) Order 1986^[7]) and has not attained the age of 21 years.

      (3) The Department may by order made subject to affirmative resolution-

(a) specify further descriptions of persons as having a priority need for accommodation, and

(b) amend or revoke any part of paragraph (1) or (2).

Becoming homeless intentionally

      6.-(1)  A person becomes homeless intentionally if he deliberately does or fails to do anything in consequence of which he ceases to occupy accommodation, whether in Northern Ireland or elsewhere, which is available for his occupation and which it would have been reasonable for him to continue to occupy.

      (2)  A person becomes threatened with homelessness intentionally if he deliberately does or fails to do anything the likely result of which is that he will be forced to leave accommodation which is available for his occupation and which it would have been reasonable for him to continue to occupy.

      (3)  For the purposes of paragraph (1) or (2) an act or omission in good faith on the part of a person who was unaware of any relevant fact shall not be treated as deliberate.

      (4)  Regard may be had, in determining whether it would have been reasonable for a person to continue to occupy accommodation, to the general circumstances prevailing in relation to housing in Northern Ireland.

Duties of the Executive with respect to homelessness and threatened homelessness

Inquiry into cases of possible homelessness or threatened homelessness

      7.-(1) If- (a) a person (an "applicant") applies to the Executive for accommodation, or for assistance in obtaining accommodation, and

         (b) the Executive has reason to believe that he may be homeless or threatened with homelessness it shall make such inquiries as are necessary to satisfy itself as to whether he is homeless or threatened with homelessness.

      (2)  If the Executive is so satisfied it shall make any further inquiries necessary to satisfy itself as to-

         (a) whether the applicant has a priority need, and

         (b) whether he became homeless or threatened with homelessness intentionally.

Interim duty to accommodate in case of apparent priority need

      8. If the Executive has reason to believe that an applicant may be homeless and have a priority need, it shall secure that accommodation is made available for his occupation pending a decision as a result of its inquiries under Article 7.

Notification of decision and reasons

      9.-(1) On completing its inquiries under Article 7, the Executive shall notify the applicant of its decision on the question whether he is homeless or threatened with homelessness.

      (2) If the Executive notifies the applicant that its decision is that he is homeless or threatened with homelessness, it shall at the same time notify him of its decision on the question whether he has a priority need.

      (3) If the Executive notifies the applicant that its decision is that he has a priority need, it shall at the same time notify him of its decision whether he became homeless or threatened with homelessness intentionally.

      (4) If the Executive notifies the applicant-

         (a) that it is not satisfied that he is homeless or threatened with homelessness, or

         (b) that it is not satisfied that he has a priority need, or

         (c) that it is satisfied that he became homeless or threatened with homelessness intentionally,

               it shall at the same time notify him of its reasons.

      (5) The notice required to be given to a person under this Article shall be given in writing and shall, if not received by him, be treated as having been given to him only if it is made available for a reasonable period at the office of the Executive to which he applied, for collection by him or on his behalf.

Duties to persons found to be homeless

      10.-(1)  This Article has effect as regards the duties owed by the Executive to an applicant where it is satisfied that he is homeless.

      (2)  Where the Executive is satisfied that the applicant has a priority need and is not satisfied that he became homeless intentionally, it shall secure that accommodation becomes available for his occupation.

      (3) Where the Executive is satisfied that the applicant has a priority need but is also satisfied that he became homeless intentionally, it shall-

         (a) secure that accommodation is made available for his occupation for such period as it considers will give him a reasonable opportunity of securing accommodation for his occupation, and

         (b) furnish him with advice and such assistance as it considers appropriate in the circumstances in any attempts he may make to secure that accommodation becomes available for his occupation.

      (4) Where the Executive is not satisfied that the applicant has a priority need, it shall furnish him with advice and such assistance as it considers appropriate in the circumstances in any attempts he may make to secure that accommodation becomes available for his occupation.

Duties to persons found to be threatened with homelessness

      11.-(1)  This Article has effect as regards the duties owed by the Executive to an applicant where it is satisfied that he is threatened with homelessness.

      (2) Where the Executive is satisfied that the applicant has a priority need and is not satisfied that he became threatened with homelessness intentionally, it shall take reasonable steps to secure that accommodation does not cease to be available for his occupation.

      (3) Where-

         (a) the Executive is not satisfied that the applicant has a priority need, or

         (b) it is satisfied that he has a priority need but is also satisfied that he became threatened with homelessness intentionally,

         it shall furnish him with advice and such assistance as it considers appropriate in the circumstances in any attempts he may make to secure that accommodation does not cease to be available for his occupation.

      (4) Paragraph (2) does not affect any right of the Executive, whether by virtue of a contract, enactment or rule of law, to secure vacant possession of accommodation.

Provisions supplementary to Articles 8 and 10

      12.-(1) The Executive may perform any duty under Article 8 or 10 (duties to persons found to be homeless) to secure that accommodation becomes available for the occupation of a person-

         (a) by making available suitable accommodation held by it, or

         (b) by securing that he obtains suitable accommodation from some other person, or

         (c) by giving him such advice and assistance as will secure that he obtains suitable accommodation from some other person,

         and in determining whether accommodation is suitable the Executive shall have regard to Chapter II of Part III and Part VI of the Order of 1981.

      (2) The Executive-

         (a) shall require a person to whom it is subject to a duty under Article 8 or 10 (interim duty to accommodate pending inquiries and duties to persons found to be homeless) to pay rent, in accordance with any rent scheme for the time being approved by the Department under Article 17 of the Order of 1981, in respect of any housing accommodation provided by the Executive itself; or

         (b) may require such a person-

               (i) to pay such reasonable charges as the Executive may determine in respect of accommodation which it otherwise secures for that person's occupation; or

               (ii) to pay such reasonable amount as it may determine in respect of sums payable by it for accommodation made available by another person.

Protection of property of homeless persons and persons threatened with homelessness

      13.-(1)  This Article applies where the Executive has reason to believe that an applicant is homeless or threatened with homelessness (or, in the case of an applicant to whom it owes a duty under Article 8 (interim duty to accommodate pending inquiries), that he may be homeless) and that-

      (a) there is a danger of loss of, or damage to, any personal property of his by reason of his inability to protect it or deal with it, and

         (b) no other suitable arrangements have been or are being made.

      (2) If the Executive has become subject to a duty towards the applicant under Article 8, 10(2) or (3)(a ) or 11(2) (duty to accommodate during inquiries and duties to persons found to be homeless or threatened with homelessness), then, whether or not it is still subject to such a duty, it shall take reasonable steps to prevent the loss of the property or prevent or mitigate damage to it; and if it has not become subject to such a duty, it may take any steps it considers reasonable for that purpose.

      (3) The Executive may for the purposes of this Article-

   (a) enter, at all reasonable times, any premises which are the usual place of residence of the applicant or which were his last usual place of residence, and

         (b) deal with any personal property of his in any way which is reasonably necessary, in particular by storing it or arranging for its storage.

      (4) The Executive may decline to take action under this Article except upon such conditions as it considers appropriate in the particular case, which may include conditions as to-

         (a) the making and recovery by the Executive of reasonable charges for the action taken, or

         (b) the disposal by the Executive, in such circumstances as may be specified, of property in relation to which it has taken action.

      (5) When in the Executive's opinion there is no longer any reason to believe that there is a danger of loss of or damage to a person's personal property by reason of his inability to protect it or deal with it, the Executive ceases to have any duty or power to take action under this Article; but property stored by virtue of the Executive having taken such action may be kept in store and any conditions upon which it was taken into store continue to have effect, with any necessary modifications.

      (6) Where the Executive-

         (a) ceases to be subject to a duty to take action under this Article in respect of an applicant's property, or

         (b) ceases to have power to take such action, having previously taken such action,

it shall notify the applicant of that fact and of the reason why it is of opinion that there is no longer any reason to believe that there is a danger of loss of or damage to his personal property by reason of his inability to protect it or deal with it.

      (7) References in this Article to personal property of the applicant include personal property of any person who might reasonably be expected to reside with him.

Certain bodies to co-operate with the Executive

      14. Where, the Executive-

(a) requests a health and social services board to exercise any of its functions in relation to a case with which the Executive is dealing under Article 7, 8, 10 or 11 (which relate to homelessness and threatened homelessness as such), or to provide any information or advice in relation to such a case; or

(b) requests the Probation Board for Northern Ireland to provide any information or advice in relation to such a case; or

         (c) requests a registered housing association, within the meaning of Part VII of the Order of 1981, to assist it in the discharge of its functions under those Articles;

that health and social services board, the Probation Board for Northern Ireland or that association, as the case may be, shall co-operate by exercising such of its functions, providing such information or advice or rendering such assistance as is reasonable in the circumstances.

Assistance for voluntary organisations

Financial and other assistance for voluntary organisations concerned with homelessness

      15.-(1) Without prejudice to Article 28(1)(g ) of the Order of 1981, the Executive may, upon such terms and subject to such conditions as it may determine, give to a voluntary organisation concerned with homelessness, or with matters relating to homelessness, assistance by way of grant or loan.

      (2) The Executive may also assist such a voluntary organisation by-

         (a) permitting them to use premises belonging to the Executive upon such terms and subject to such conditions as may be agreed,

         (b) making available furniture or other goods, whether by way of gift, loan or otherwise, and

         (c) making available the services of staff employed by the Executive.

      (3) No assistance shall be given under paragraph (1) or (2) unless the voluntary organisation first give an undertaking-

         (a) that they will use the money, furniture or other goods or premises made available to them for a specified purpose, and

         (b) that they will, if the Executive serves notice on them requiring them to do so, furnish, within the period of 21 days beginning with the date on which the notice is served, a certificate giving such information as may reasonably be required by the notice with respect to the manner in which the assistance given to them is being used.

      (4) The conditions subject to which assistance is given under this Article shall in all cases include, in addition to any conditions determined or agreed under paragraph (1) or (2), conditions requiring the voluntary organisation to-

         (a) keep proper books of account and have them audited in such manner as may be specified,

         (b) keep records indicating how they have used the money, furniture or other goods or premises made available to them, and

         (c) submit the books of account and records for inspection by the Executive.

      (5) If it appears to the Executive that the voluntary organisation have failed to carry out their undertaking as to the purpose for which the assistance was to be used, the Executive shall take all reasonable steps to recover from the organisation an amount equal to the amount of the assistance; but no sum is so recoverable unless the Executive has first served on the voluntary organisation a notice specifying the amount which, in the opinion of the Executive, is recoverable and the basis on which that amount has been calculated.

      (6) In this Article "voluntary organisation" means a body, not being a district council or other public body, within the meaning of section 146(2) of the Local Government Act (Northern Ireland) 1972^[8], whose activities are carried on otherwise than for profit.

Hostel accommodation for persons in need

Transfer of hostels

      16.-(1) In Article 2(2) of the Health and Personal Social Services (Northern Ireland) Order 1972^[9], in the definition of "person in need" sub-paragraph (c ) shall be omitted as from the appointed day.

      (2) The provisions of Schedule 1 shall have effect to facilitate the transfer to the Executive of hostels provided by the Department of Health and Social Services and health and social services boards for persons in need.

      (3) In this Article-

         (a) "appointed day" means the day appointed for the coming into operation of this Article; and

         (b) "persons in need" means persons who have been rendered homeless and are in need of temporary accommodation.

Supplemental

False statements, withholding information and failure to disclose change of circumstances

      17.-(1)  If a person, with intent to induce the Executive to believe, in connection with the exercise of its functions under this Part, that he or another person-

         (a) is homeless or threatened with homelessness, or

         (b) has a priority need, or

         (c) did not become homeless or threatened with homelessness intentionally,

knowingly or recklessly makes a statement which is false in a material particular, or knowingly withholds information which the Executive has reasonably required him to give in connection with the exercise of those functions, he commits an offence.

      (2) If before an applicant receives notification of the Executive's decision on his application there is any change of facts material to his case, he shall notify the Executive as soon as possible; and the Executive shall explain to every applicant, in ordinary language, the duty imposed on him by this paragraph and the effect of paragraph (3).

      (3) A person who fails to comply with paragraph (2) commits an offence unless he shows that he was not given the explanation required by that paragraph or that he had some other reasonable excuse for non-compliance.

      (4) A person guilty of an offence under this Article is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Notes:

[7] 1986 NI 3

[8] 1972 c. 9 (N.I.)         [9] 1972 NI 14

Homelessness in Northern Ireland Research Paper

ANNEX 2

(i)        Class A - a person recorded by the Secretary of State as a refugee within the definition in Article 1 of the 1951 United Nations Convention relating to the status of refugees, and who, as a result, has been automatically granted asylum in the United Kingdom.

(ii)       Class B - a person - (i) who has been granted by the Secretary of State exceptional leave to enter or remain in the United Kingdom outside the provisions of the immigration rules; and (ii) whose leave is not subject to a condition requiring him to maintain and accommodate himself, and any person who is dependent on him, without recourse to public funds.

(iii)       Class C - a person who has current leave to enter or remain in the United Kingdom which is not subject to any limitation or condition and who is habitually resident in the Common Travel Area [lvii] other than a person - (i) who has been given leave to enter or remain in the United Kingdom upon an undertaking given by another person (his "sponsor") in writing in pursuance of the immigration rules to be responsible for his maintenance and accommodation; (ii) who has been resident in the United Kingdom for less than five years beginning on the date of entry or the date on which the undertaking was given in respect of him, whichever date is the later; and (iii) whose sponsor or, where there is more than one sponsor, at least one of whose sponsors, is still alive;

(iv)      Class D - a person who left the territory of Montserrat after 1st November 1995 because of the effect on that territory of a volcanic eruption;

(v)       Class E - a person who is habitually resident in the Common Travel Area and who - (i) is a national of a state which has ratified the European Convention on Social and Medical Assistance done at Paris on 11th December 1953 or a state which has ratified the European Social Charter done at Turin on 18th October 1961 and is lawfully present in the United Kingdom; or (ii) before 3rd April 2000 was owed a duty by a housing authority under Part III of the Housing Act 1985 (housing the homeless) or Part VII of the 1996 Act (homelessness) which is extant, and who is a national of a state which is a signatory to the European Convention on Social and Medical Assistance done at Paris on 11th December 1953 or a state which is a signatory to the European Social Charter done at Turin on 18th October 1961;

(vi)      Class F - a person who is an asylum-seeker and who made a claim for asylum - (i) which is recorded by the Secretary of State as having been made on his arrival (other than on his re-entry) in the United Kingdom from a country outside the Common Travel Area; and (ii) which has not been recorded by the Secretary of State as having been either decided (other than on appeal) or abandoned;

(vii)      Class G - a person who is an asylum-seeker and - (i) who was in Great Britain when the Secretary of State made a declaration to the effect that the country of which that person is a national is subject to such a fundamental change in circumstances that he would not normally order the return of a person to that country; (ii) who made a claim for asylum which is recorded by the Secretary of State as having been made within a period of three months from the day on which that declaration was made; and (iii) whose claim for asylum has not been recorded by the Secretary of State as having been either decided (other than on appeal) or abandoned;

(viii)     Class H - a person who is an asylum-seeker and - (i) who made a relevant claim for asylum on or before 4th February 1996 (a claim for asylum which has not been recorded by the Secretary of State as having been either decided (other than on appeal) or abandoned; or); and (ii) who was, on 4th February 1996, entitled to benefit under regulation 7A of the Housing Benefit (General) Regulations 1987 (persons from abroad); (and has been recorded as having been decided (other than on appeal) on or before 4th February 1996 and in respect of which an appeal is pending which (i) was pending on 5th February 1996; or (ii) was made within the time limits specified in the rules of procedure made under section 22 of the 1971 Act (procedure).

(ix)      Class I - a person who is on an income-based jobseeker's allowance or in receipt of income support and is eligible for that benefit other than because - (i) he has limited leave to enter or remain in the United Kingdom which was given in accordance with the relevant immigration rules; and (ii) he is temporarily without funds because remittances to him from abroad have been disrupted. ("Relevant immigration rules" means the immigration rules relating to - (a) there being or there needing to be no recourse to public funds; or (b) there being no charge on public funds).

[i] Housing (Northern Ireland) Order 1988 (N.I. 23).

[ii] All statistics in this Report are taken from NIHE Homelessness Strategy & Services Review, unless otherwise indicated.

[iii] Housing (Northern Ireland) Order 1988 (N.I. 23).

[iv] Law Centre (NI) Information Pack 2001 section 1.6.

[v] Northern Ireland Act, 1998, Section 75

[vi] Housing Act 1996, section 185.

[vii] Homelessness (England) Regulations 2000 SI 2000 no 701.

[viii] Housing Act 1996: This class of person is not regarded as being subject to immigration control.

[ix] Secure Borders, Safe Haven - Integration with Diversity in Modern Britain CM 5387

[x] Immigration and Asylum Act 1999.

[xi] The Persons subject to Immigration Control (Housing Authority Accommodation and Homelessness) Order 2000 SI 2000 no 706. Provisions are broadly as described for Great Britain Homelessness (England) Regulations 2000 SI 2000 no 701.

[xii] Refugee Law Comparative Study - Department of Justice, Equality and Law Reform, September

[xiii] No Welcome Here? 'Asylum Seekers And Refugees in Ireland and Britain p. 82.

[xiv] Refugee Ac 1996 section 17.

[xv] Ibid, section 3.

[xvi] Immigration Act 1999, section 3.

[xvii] All statistics in this section taken from NIHE Homelessness Strategy & Services Review, except

[xviii] From Homelessness: An Integrated Strategy. Department of the Environment and Local

[xix] Opening the Door to Health: Access to Primary Healthcare Services for Single Homeless People in Northern Ireland, December 2000 (reported previously in unpublished paper on Homelessness. Malachy Finnegan, Research & Library Services, 2001)

[xx] Ibid.

[xxi] A person is defined as 'threatened with homelessness' if it is likely they will become homeless within 28 days from the date they notify the NIHE of this threat. (Housing Rights Service, Housing Rights Manual Ch. 2.4, p.7).

[xxii] These procedures are reviewed in the previous section, on pages 2-5.

[xxiii] Linking to Meet the Needs of the Homeless - A Cross-border Research Project, Simon.

[xxiv] For a definition, see page 3.

[xxv] Submission to the Social Development Committee on Homelessness in Northern Ireland, NIHE,

[xxvi] ibid, p.4.

[xxvii] Homeless Strategy and Services Review, Summary Report. NIHE 2001, p.16.

[xxviii] Further details of this appeal system are given on page 5.

[xxix] NIHE, op. cit. p.33.

[xxx] Ibid, p.34.

[xxxi] Ibid, p.34.

[xxxii] Ibid, p.65.

[xxxiii] Homelessness Strategy and Services Review, Appendices & Annexes, NIHE, 2001,

[xxxiv] NIHE, op.cit. p.34.

[xxxv] Homelessness Strategy and Services Review, Appendix and Annexes, 2001 Appendix 4.

[xxxvi] NIHE, op.cit. p.35.

[xxxvii] NIHE Summary, op.cit. p.9.

[xxxviii] Submission to Social Development Committee Inquiry on Homelessness, Simon Community, 2002.

[xxxix] The Housing Selection Scheme is described on page 6.

[xl] Submission to the Social Development Committee Inquiry on Homelessness, South and East HSS Trust/Emergency Out of Hours Service, 2002.

[xli] NIHE, op.cit. p.37.

[xlii] The Supporting People fund will be administered by the NIHE, as it has primary responsible for many of the duties relating to housing. This initiative aims to replace the 'current complex andunco-ordinated arrangements' relating to support services for vulnerable people. The NIHE, the Department for Social Development, the Department for Health and Social Services and Public Safety and the Probation Board for Northern Ireland are currently working together to co-ordinate and agree the amount of funding necessary to meet the administrative processes and priorities for the strategic delivery of the initiative. The budget for Northern Ireland is estimated at £15million per annum. (NIHE 2001), p.38.

[xliii] Simon Community, Annual Statistics. Brief Report - Referrals and Departures, 2001.

[xliv] NIHE Appendices and Annexes, op.cit. Statistics.

[xlv] Agenda for Action, Simon Community, p.5.

[xlvi] Submissions to the Social Development Committee Inquiry into Homelessness, 2002, Simon

[xlvii] For example, the Young Person's Project, Craigavon and Banbridge Health and Social Service's

[xlviii] 2195 young people under 21 years old presented to the Simon Community in 1999/2000, (Simon

[xlix] The majority of asylum seekers are not currently administered under homelessness legislation, but

[l] The NIHE were unable to supply actual figures for the number of acceptances from persons outside Northern Ireland as they have only recently begun to collate these statistics (Letter from DSD, 21 February 2002).

[li] Submission to the Social Development Committee Inquiry, NIHE February 2002.

[lii] NIHE, op.cit, p.45.

[liii] This includes Special Needs Management Allowance (SNMA) for all forms of supported

[liv] * Other forms of financial support vary year by year. In total they are estimated at around £0.60m.

[lv] During 2000/01 64% of applications were assessed within this target.

[lvi] NIHE Op.cit. p.45.

[lvii] United Kingdom, the Channel Islands, the Isle of Man and the Republic of Ireland.

NIHE Accommodation	173 units
Voluntary Sector	1482 bed spaces
Private Sector (bed bureau)	725 bed spaces

NIHE	483 (20%)
Voluntary Sector	585 (24%)
Private Sector	1387 (56%)
Total	2455 (100%)

	Single	Family
Housing Executive	£85	£115
Voluntary Sector	£160 (£90 support)	£205(£120 support)
Private (B&B)	£95	£215

Revenue Funding	Costs	Cost as % of total estimated costs
Housing Benefit (NIHE)	£5.6 m	31.40%
Special Needs Management Allowance (DSD)	[liii] £6.0 m	33.60%
Revenue Grants to Voluntary Sector (NIHE)	£1.0 m	5.60%
Top-up payments for individuals (NIHE)	£1.5 m	8.40%
Taxi/Furniture Storage (NIHE)	£0.5 m	2.80%
Hostel Management (NIHE)	£0.4 m	2.25%
Other Statutory Agencies Funding	[liv] £*	*3.36%
Charitable Donations/Fund Raising	£*
Administration (NIHE)	£2.25 m	12.60%
Total	£17.85 m	100%