Overview of the tests

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The Housing Executive has a legal duty to give housing advice and information on preventing homelessness to anyone who asks in Northern Ireland.

If you are homeless, or about to become homeless the Housing Executive must assess you. The Housing Executive uses four tests to assess your status as a homeless person. You must meet all the tests to be eligible for permanent accommodation from the Housing Executive or a housing association as a homeless person.

What will the Housing Executive assess?

The Housing Executive will look at your personal circumstances when investigating your homelessness application. The Housing Executive will look at:

the size of your household,
your reasons for leaving your last accommodation,
any problems at your last accommodation,
any personal circumstances such as illness.

What should I bring to my interview?

Your first interview with the Housing Executive is important. You can request a private interview if you feel uncomfortable discussing your personal circumstances in public. You can also bring along a friend or an adviser for support.

You should bring any documents you think support your case to your interview. This might include:

your tenancy agreement
a letter from your doctor
financial documents
a letter from the person who has asked you to leave your accommodation.

You are entitled to an interview even if you don't have your relevant documents.

First test: Are you homeless or threatened with homelessness?

You do not have to be sleeping on the streets to be homeless . You can be homeless if:

you are staying with friends and family,
you have been asked to leave your accommodation,
you are staying in temporary accommodation,
you are suffering violence or intimidation,
your accommodation is unsuitable for your family,
you are homeless because of a natural disaster.

Second test: Are you eligible for assistance?

Most people in Northern Ireland are eligible for assistance from the Housing Executive. The Housing Executive can only say you are not eligible for assistance if:

you are not eligible for housing assistance under immigration law,
you, a member of your household or a visitor to your home have been found guilty of unacceptable behaviour.

If you have a British or Irish passport and you have not been found guilty of unacceptable behaviour you should be eligible for assistance.

The category of restricted persons facilitates homelessness applications of families with mixed immigration status.

A restricted person is someone who:

is not eligible for assistance,
is subject to immigration control,
has no leave to enter or remain in the UK, or cannot rely on public funds to remain here.

If there is a restricted person in your household, but you yourself are eligible for assistance, the Housing Executive considers the circumstances of all the members of your household, including the restricted person.

Third test: Are you in priority need?

You will meet the 'priority need' test if:

you are pregnant
you have dependent children living with you
you are between 16 and 21 and at risk of sexual or financial exploitation
you are considered vulnerable because of old age, disability or health problems
you are homeless because of a natural disaster, like a fire or flood
you have suffered violent attacks, or are at risk of violence
any other special reason.

If the Housing Executive decides that you are homeless and may be eligible for assistance and in priority need you are entitled to temporary accommodation while they complete their investigation.

Fourth test: Are you intentionally homeless?

The Housing Executive will usually consider you intentionally homeless if you deliberately did something that meant you had to leave suitable accommodation. The Housing Executive will consider you intentionally homeless if you decided to leave suitable accommodation simply to improve your chances of getting help from the Housing Executive.

The decision whether you are intentionally homeless or not is complicated and you should get advice if you think the Housing Executive has made a mistake.

What happens after I've been assessed?

The Housing Executive must send you a decision letter on your homeless application within 30 days.

If you meet all four tests you will be entitled to permanent accommodation from the Housing Executive or a housing association.

If the decision is negative, the letter must include a reason or reasons why the Housing Executive has decided you are not eligible for assitance as a homeless person.

If you do not meet any of the tests the Housing Executive do not have to provide you with permanent accommodation. You can appeal the decision if you do not meet a test. You may be entitled to temporary accommodation while the Housing Executive is investigating your appeal.

If your appeal is unsuccessful you can still apply for Housing Executive accommodation using the selection scheme , but you will usually have to wait longer for permanent accommodation if you are not a Full Duty Applicant.

The Housing Executive won't let me apply as homeless

The Housing Executive has a legal duty to give housing advice and information on preventing homelessness to anyone who asks in Northern Ireland.

The Housing Executive must investigate the housing circumstances of everyone who asks for help. This means that the Housing Executive can't refuse to help you without interviewing you. The Housing Executive is not allowed to make assumptions about your circumstances and can't refuse to help you without fully explaining in writing why it has no duty to help you.

The Housing Executive may not be legally allowed to accept your application if you are a child or you have learning difficulties. If the Housing Executive tells you that you can't apply for help ask them to give you the reasons in writing. Get advice as soon as possible. An adviser may be able to get the Housing Executive to change their decision.

How long will the process take?

The Housing Executive must give you a written decision within 30 days of the interview and include reasons for the decision about your application. While you are waiting for the decision, send in any information you may not have had available at your first interview. This might include:

a letter from your GP explaining your medical condition,
a police report,
financial documentation.

If you need temporary accommodation, or your belongings (like furniture) stored while the Housing Executive makes enquiries, you should ask.

If you have not received a letter from the Housing Executive within 30 days of your interview you should contact the District Office for an explanation. Get advice if you are not satisfied with the explanation or you require help with your application.

Advice about homelessness is available from Housing Rights Service or Shelter.