If you are homeless or threatened with homelessness and have applied to us for help we need to establish whether or not you have a priority need.
This is the main factor in how much help we are able to give you.
Section 189 of the Housing Act 1996 Part VII states that the following categories of applicant have a priority need:
- A pregnant woman or a person with whom she resides or might reasonably be expected to reside;
- A person with whom dependent children reside or might reasonably be expected to reside;
- 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;
- A person who is homeless, or threatened with homelessness, as a result of an emergency such as flood, fire or other disaster;
- A person aged sixteen or seventeen who is not a relevant child or a child in need to whom a local authority owes a duty under section 20 of the Children Act 1989;
- A person under 21 who was (but is no longer) looked after, accommodated or fostered between the ages of 16 and 18 (except a person who is a "relevant student");
- A person aged 21 or more who is vulnerable as a result of having been looked after, accommodated or fostered (except a person who is a "relevant student")
- A person who is vulnerable as a result of having been a member of Her Majesty's regular naval, military or air forces - please see test of vulnerability;
- A person who is vulnerable as a result of:
- having served a custodial sentence,
- having been committed for contempt of court or other kindred offence, or
- having been remanded in custody;
- A person who is vulnerable as a result of ceasing to occupy accommodation because of violence from another person or threats of violence from another person which are likely to be carried out.
In categories 6 and 7, the words "looked after, accommodated or fostered" have the same meaning as in section 24(2) of the Children Act 1989 (as amended by the Children Leaving Care Act 2000).
The term "relevant student" means a care leaver to whom section 24B(3) of the Children Act 1989 applies, who is in full time further or higher education and whose term time accommodation is not available during a vacation.It is important to note that each application is assessed individually and evidence sought to support each case.
The critical test of vulnerability for applicants in all these categories is whether, when homeless, the applicant would be less able to fend for himself than an ordinary homeless person so that he would be likely to suffer injury or detriment, in circumstances where a less vulnerable person would be able to cope without harmful effects.