Housing Allocations Policy

This document explains how social housing is allocated in the Wealden area. We
recognise that this is a complex subject and therefore we have laid out this
document into three sections which are intended to make it easier to understand.

These sections show the three main stages of getting a home in Wealden.
Those sections are:-
1. Who can join the Housing Register
2. How do we decide a person’s priority for housing
3. Advertising, Bidding, Shortlisting and Nominating

Each section is designed to explain what the Council does and what we expect an applicant to do in order to complete their application.

There are also other section which provide useful information on covers Appeals, complaints and your rights to request information held by the Council about your housing application.

Introduction we are required by law to have a policy that is available to the public which explains how decisions about social housing nominations are made. You will note that this document uses the words “Nominations” and “Allocations” frequently, they mean being put forward for an offer of a property from the waiting list.

There are three distinct groups of people mentioned throughout this document who
are: –
Homeless persons
Homeseekers
Transfer Applicants

Each different group of people is given varying priority for housing. This will be
explained later.

This document must comply with a large amount of prescribed law; we must
therefore show that this document follows the law, but we realise that quoting
sections of various laws does not make a document like this easy to read or
understand. Therefore, we have tried to place all the references to varying laws into one appendix at the end of this document.

Not all of the properties advertised by Wealden are owned or managed by the
Council. We also work with the following partners.
Clarion Housing
Town and Country Housing Group
Stonewater
Optivo
Southern Housing Group Limited
Orbit Homes
Moat Homes Ltd
Home Group
Southdown Housing Association Ltd
Places for People
Hanover Housing Association
Saxon Weald
Sussex Housing and Care
A2 Dominion
Golding Homes
Sage

Any person may apply to the Council for an allocation of housing. However, housing will only be allocated to applicants who are registered on the Council’s housing register. To be registered an applicant must be:
– eligible for social housing in England (that is, not ineligible due to their
immigration status); and
– qualify for social housing in the Wealden District (as determined by the
following provisions below of the allocation scheme).

Who is eligible for social housing in England?

All applicants will be eligible unless they are persons prevented from doing so due to their immigration status. A person will be considered to be ineligible for an allocation of under immigration if they are:
-A person subject to immigration control – such a person is not eligible for an
allocation of accommodation unless they come within a class prescribed in
regulations made by the Secretary of State and
– A person from abroad other than a person subject to immigration control

The immigration rules often change and therefore the Secretary of State may issue regulations at any time under the Housing Act 1996. Local Authorities are notified of any such changes by way of statutory instruments which have been approved by Parliament. These changes may lead to Wealden District Council needing to make changes to how they allocate housing to specific groups of applicants.

The changes to eligibility do not normally apply to applicants who are existing
tenants or who are already secure or introductory tenants or assured tenants of a Private Registered Provider.

If an applicant is not eligible to register the Housing Allocations team will notify the applicant in writing giving the reasons for the decision. The decision will contain the right of review that must be requested within 21 days of the notification. The council will not accept requests for a review after 21 days except in exceptional circumstances.

Who qualifies for social housing in Wealden?

Qualification to join the register is considered after we have determined that you are eligible. Most people who apply to join the register will qualify however there are some circumstances in which a person may not qualify to join the register.

In this section we have set out the criteria that must be met for applicants to qualify for social housing in Wealden and also identified situations in which applicants will not qualify.

Decisions made on whether a person is a qualifying person are made by the
assessing officer. Any decision as to whether a person is a qualifying person has a statutory right of review. A request for a review must be made within 21 days of the decision.

To be a qualifying person to join the housing register in Wealden, the applicant,
must:
-Be eligible for an allocation of housing accommodation (as determined by law
and set out above, that is, not ineligible due to immigration status); and
– Be 18 years old or over.
-Have a Local Connection to the Wealden District (see below)
-Is not disqualified – see page 6/7.

Local connection

All applicants applying to join the Housing Register must have a local connection to the Wealden District. For the purposes of this policy local connection is defined by meeting one of the following criteria:

-Applicants who currently live within the Wealden district and have done so
continuously for six months out of the last twelve.
-Applicants who have lived in the Wealden District for three years out of the
last five
-Applicants who have a close adult relative (over 18 years of age) (mother,
father, adult children or siblings) who currently lives in Wealden and has
resided in the district for at least five years continuously.
-There are exceptional reasons where failure to reside in the district would
cause hardship to the applicant or others (to be agreed by a senior officer
who was not involved in the original decision on a case-by-case basis).

Please note we will not consider a person to have a local connection if one of the
situations below apply.

– Occupation of a mobile home, caravan or motor home which is not placed on
an official council approved site or other council approval has been obtained
(e.g. planning approval for permanent occupation)
– Occupation of a holiday letting which includes a permanent building, hotel or
bed and breakfast accommodation of the purposes of a holiday
– Resident in a bail hostel or other such accommodation
– In-patients of hospitals/rehabilitation/specialist centres

Local connection will be applied to all cases unless any of the following exemptions apply. There are some exceptions to needing a local connection. They are listed below. If your situation falls into one of these categories then you will not be required to have a local connection

Members of the Armed and Reserve Forces

The following members of the Armed and Reserved Forces will be exempt from the above ‘local connection’ qualification criteria:-
A person who:-
a. is serving in the regular forces or who has served in the regular forces within
five years of the date of their application for an allocation of housing under
Part 6 of the 1996 Act;
b. has recently ceased, or will cease to be entitled, to reside in accommodation
provided by the Ministry of Defence following the death of that person’s
spouse or civil partner where—

(i) the spouse or civil partner has served in the regular forces; and
(ii) their death was attributable (wholly or partly) to that service; or

c. is serving or has served in the reserve forces and who is suffering from a
serious injury, illness or disability which is attributable (wholly or partly) to that
service.
d. is a divorced or separated spouse or civil partners of Service personnel who
need to move out of accommodation provided by the Ministry of Defence
before applying to Wealden.

Care leavers

Care leavers will be considered to have a local connection to Wealden if they are
under the age of 21 and lived in the District for at least two years before they were 16.

Victims of domestic abuse

Applicants who have fled the Wealden district due to domestic abuse may retain a local connection to Wealden if they wish to return within 6 months of fleeing the area.

All nominations and allocations of accommodation to applicants who were forced to move due to domestic abuse will receive the same level of tenure security that they held previously.

Applicants applying to the housing register seeking to move due to domestic abuse will be referred to the Housing Options team to ensure that appropriate advice, support and interventions are offered and all appropriate enquiries are made. The applicant’s housing register application and priority banding will then be considered following appropriate enquiries and interventions from the Housing Options team under the Homelessness Reduction Act 2017.

Social tenants’ Right to Move

Existing social tenants who wish to move within or into Wealden from another area are able to join the housing register in order to take up work without requiring a local connection, subject to the following considerations:-

Need to move

The Council must be satisfied the tenant has a need to move (as opposed to a wish to move) and that failure to meet that need would result in hardship. Factors that would be taken into account when establishing is there is a need to move, would include:
– The distance and/or travel time between work and home
– The availability of transport
– The nature of work and whether similar opportunities were available more
locally
– Any medical conditions or childcare affected if they couldn’t move
– The length of the employment contract
– If failure to move would lessen opportunities to improve their employment
circumstances, e.g. promotion

Work

The work being undertaken (or offered) cannot be short term, marginal in nature, or ancillary to work in another district. Voluntary work is also excluded. The Council will need to consider whether work is regular or intermittent – as may be the case for self-employed people, and the period of work. Contracts of less than 12 months may be considered short term and therefore excluded. Work of less than 16 hours a week would be considered marginal in nature. The level of earnings is also relevant.

If the work is occasionally in Wealden, but their main place of work is elsewhere, the work would be excluded from the regulations.

Voluntary work is excluded.

Apprenticeships are included, provided the contract is for at least 12 months.

Verification

The Council will require evidence that the work, or job offer is genuine and
documentary evidence will be required such as:
Employment contract
Formal offer letter
Acceptance letter
Wage slips and bank statements
Tax and benefits information

This part of the policy sets out the circumstances in which applicants who meet the criteria set out above will nevertheless not be qualifying persons and cannot join or may be removed from the housing register. The criteria below will apply to all applications but may, in exceptional circumstances, be waived at the discretion of a senior officer.

Applicants living outside the UK

Applicants living outside of the UK will not qualify to join the housing register.
Applicants who are eligible by virtue of their immigration status who are seeking accommodation in the UK, and who are likely to qualify for housing in Wealden should seek advice on their housing options prior to their arrival in the UK.

Behaviour

a. The council is satisfied that they or an adult member of the household have,
within the preceding 10 years, obtained or attempted to obtain housing or
other housing related services/welfare benefits /public funds, from any public
body in the UK, by making a false or misleading statement or withholding
information, or encouraging someone else to do so on their behalf;
b. The council is satisfied that the applicant or an adult member of the
household is unlikely to satisfactorily manage the tenancy, for example but
not limited to:
i) they have been evicted due to anti-social behaviour (including, but not
limited to domestic violence and abuse, homophobic, transphobic abuse
and/or noise nuisance). These applicants will be ineligible for housing until
they have sustained 12 months with no reported issues of any of the
factors reported above.
ii) they have been served with a notice for a serious breach of their tenancy
conditions, including rent arrears, within the last 12 months;
iii) another person who shared a property occupied by them had to leave
because of the applicant’s violence/abuse or threats of violence/abuse
against them or a person associated with them;
iv) they or a member of their household have a history of anti-social
behaviour (including domestic violence/abuse and noise nuisance);
v) they have a record of failure to pay rent which would allow the tenant to be
evicted under Section 8, 10, 11 of the Housing Act 1988
vi) they have outstanding housing debt liabilities to the council (for example
but not limited to rent arrears of three months or more, rent deposits loans
or, former tenant arrears) and are not making satisfactory arrangements to
repay those debts. Applicants with debt repayment plans in place which
have been kept for at least three months will be considered providing they
continue to be kept until cleared. Offers of accommodation will not be
made until the debt is cleared in full.(Applicants will be advised that they
are required to prioritise debts that may result in imprisonment, including
Council Tax and Television License arrears.).
vii) transfer applicants whose property is found to have damage or disrepair
which is the responsibility of the tenant to rectify, until such time as the
tenant has rectified the issues or reimbursed the Council for the costs of
repairs.

c. they are a person who has been removed from a premises subject to a
closure order under the Closure of Premises (Anti-Social Behaviour, Crime
and Policing Act 2014)
d. Applicants who have been requested to attend “tenant training” courses but
failed to successfully complete the course.
e. Applicants who have received a written warning or sanction from the Council
due to their behaviour towards staff or contractors will not qualify to join the
Housing Register for a period of 12 months.
f. Where an applicant or member of the household has been found guilty of a
criminal offence for a period no longer than the period that an offence
becomes spent under the Rehabilitation of Offenders Act 1974. Each case
will be considered on its merits (See Appendix C)

Applicants with lower level rent or service charge arrears who qualify to join the
housing register will be ineligible for an offer of accommodation unless the debt is cleared or a firm and sustained commitment is made to repay their housing debt. (Sustained payments are not less then 3 months or 25% of the debt)

Applicants with rent arrears from a private sector tenancy will be encouraged to seek independent money advice and to make all reasonable efforts to clear the debt.

Applicants owed a main housing duty who are occupying emergency or temporary accommodation who are in rent arrears or who owe other rent or service charge arrears to the Council (e.g. B&B service charges), will be overlooked on any shortlist until such time as the debt is cleared in full.

Home ownership

The Code of Guidance for Allocations and the Localism Act 2011 recommends that local authorities should avoid allocating social housing to people who already own their own homes this is because social housing is in short supply.
Therefore applications in the following situations will not qualify to join the register:-
-Applicants who own or jointly own a property or land with or without a
mortgage, (including shared ownership, leasehold etc.) in the UK or
elsewhere will not qualify to join the housing register unless exceptional
circumstances apply.
– Applicants or a member of their household who have purchased a property
under the right to buy and has disposed of this asset by way of sale or gift to
any other person will not qualify to join the housing register for a period of five
years following the disposal of the property subject to otherwise being an
eligible and qualifying person.

Applicants aged over the age of 60 with a need for Retirement Living
accommodation may be considered subject to their financial resources. Decisions will be made on a case by case basis and medical, disability, community care and other relevant needs will be taken into account, for example, Where it is not possible to adapt the current accommodation to meet the needs of the owner occupier’s medical/disability or The sale of the property would not enable the owner occupier to purchase or rent an alternative property suitable to meet their needs.

Where a person or member of the household disposes of a property, the equity
received at the point of sale (or would have been received if equity is disposed of) will be taken into account for the purposes of a financial assessment and will be counted as income/savings in line with the policy below.

Households with sufficient resources to accommodate themselves

Applicants will be required to complete a financial assessment. If they meet are in any of the clauses listed below, they will not be able to join the register.
– Applicants including those for retirement living or general needs housing who
have over £50,000 in assets.
– Applicants whose housing costs are less than 25% of their income.

The council will undertake financial checks to verify the financial situation requiring you to provide information such as bank accounts or information about benefits. If proof of benefits or income is not received then this will cause significant delays in making a case live which means an applicant will not be able to bid for housing. These checks may include credit checks, on any adult member of the household included on the application, to determine combined household income and savings. Financial checks may apply to any part of this policy, which requires such an assessment and may also be carried out by our Registered Provider partners, including at the offer of accommodation stage.

The council will not take into account the following in assessments of savings or
income:
– Any members of the armed forces recently discharged from the forces with a
payment due to injury or disability, unless there is an award towards resolving
their housing costs.
– Disability Living Allowance (DLA) or Personal Independence Payments (PIP) or any other replacement benefit for the above.

Exceptions may be made on a case by case basis for example, those with severe
mobility needs that cannot be met with the funds available, or who cannot secure permission for adaptations in their own privately rented property.

Where income/savings comes from the sale of any assets such as a house then the council will assume that this sum is available as part of the financial assessment. If an applicant deliberately deprives themselves of capital or income in order to qualify or housing, they will be treated as still having it for the purpose of the financial assessment.

Deliberate deprivation includes gifted money to relatives and friends and payments to third parties that do not form part of authorised loans that are regulated by the financial services authority. The council will also consider spending money on items such as cars when other less costly vehicles are available, to be deprivation of assets.

Where an applicant has financial means in excess of the above threshold, applications will be considered in the following exceptional circumstances:
– Where it is not possible to adapt the current accommodation to meet the needs
of the owner/occupier’s medical condition.
– Where the applicant does not have sufficient resources to adapt the existing
accommodation to meet the needs of the owner/occupier’s medical condition
and they cannot afford to buy or rent suitable, specialist housing.
– The sale of the property would not enable the owner/occupier to purchase or
rent an alternative property suitable to their specific medical needs.
– At the discretion of the Head of Housing, the Council may exempt certain Wealden District Council leaseholders from the financial qualifying criteria, to
enable them to join the housing register. This discretion would apply to
Council leaseholders who are currently and were a leaseholder of their
existing property, prior to 1st January 2014. Any application would be at the
instigation of the Council on a scheme by scheme basis, following an
assessment of affordability and housing needs

Households owed a prevention, relief or main housing duty who do not qualify
to join the housing register

Applicants owed a prevention duty (s195(2)), relief duty (s189B) or main housing duty (s193(2)) who do not qualify to join the housing register will usually be supported to access accommodation in the private rented sector as this offers the quickest solution to the housing issue. This may be offered at any stage within the time an applicant is working with the Options team be it prevention, relief or main duty stage. Homeless households who do not qualify for the housing register will be placed in Band C and will be considered after all other qualifying households on a given shortlist in the same band, have already been considered.

Notification to non-qualifying households

Section 160A of the 1996 Act further provides that if the Council decides that an
applicant for housing accommodation is ineligible for one of the reasons given above The Council will notify the applicant in writing if no address is available then the written decisions will be made available at the Council offices for collection for a reasonable period.

A new application will be considered if:
– The applicant’s immigration status has changed, or
– The applicant can demonstrate how they qualify for the housing register.

Who can be included on the application?

 – Anyone who is part of the household at the date of registration and is still in
occupation.
– A partner, someone living with the applicant or who is married or have
undertaken a commitment through a civil ceremony or otherwise would be
reasonably expected to reside.
– Dependent children under 18 years who live with the applicant, or who might
reasonably be expected to live with them, where the applicant is the parent or
guardian in receipt of Child Benefit. Applicants with shared residency or
contact arrangements for children would not usually qualify for family type
accommodation where the children have accommodation available to them
with the other parent/guardian.
– Dependent relatives not currently living with the applicant but who needs to
join the households because they are unable to live independently. Evidence
of no other option should be provided.

A carer where the applicant can demonstrate that a live-in carer is essential for 
hours a day care and that funding is available and one has been identified and has moved in with the household or is ready to do so when accommodation becomes available.

The decision of whether other persons normally reside with the applicant and, who is considered part of the household, is a matter for determination by the Council based on the facts of the case and the relevant factors involved, including appropriate case law.

Tenants who wish to transfer

Tenants who wish to transfer will be subject to the same ‘qualifying criteria’ as all other applicants. Transfer cases will be allocated a banding position in accordance to their level of housing need. Enquiries will be made with their current landlord to establish any relevant factors leading to the request for a transfer, including always seeking a reference.

All tenants are expected to actively pursue a mutual exchange at
www.exchangelocata.org.uk or other mutual exchange websites. However, mutual exchanges (Assignments pursuant to Section 92 of the Housing Act 1985) are not included within this allocation policy.

In all Transfer cases the tenant’s conduct and rent history will be taken into account in determining the suitability for an offer of accommodation.

Transfer applicants will not receive an offer of accommodation whilst they hold an introductory or starter tenancy or equivalent. If a successful bid was placed by an applicant on an introductory or starter (or equivalent) tenancy, this would be overlooked. Transfer applicants will only be considered at the offer stage if their introductory tenancy has been confirmed and they hold a Flexible Fixed Term, Assured, or Secure tenancy (or equivalent) after the introductory period.

The transfer quota

This means properties which are reserved for transfer applicants. Such properties will be identified with a ‘T’ symbol against the property advert, designating the property for transfer cases only.

The transfer quota can be applied because the Council recognises that in certain
instances transfer applicants will have limited priority under the banding scheme and that this could prevent or discourage transfers which would ultimately be beneficial to other non-transfer applicants looking for accommodation.

The number of properties to be reserved in this way will be no more than 20% of all new lettings in any financial year (that is 1 April to 31 March). Within this 20%, 1% of total lets (3-4 properties a year) will be prioritised for tenants meeting the Right to Move criteria.


Employees and Council Members

In addition to complying with the Conditions of service, Code of Conduct and any other relevant conditions, all employees and Council Members must disclose their application or that of a close relative or partner. For the purposes of this disclosure:
A relative means spouse, parent, parent-in-law, son, daughter, step-son, step-daughter, child of partner, brother, sister, grandparent, grandchild, uncle, aunt,
nephew, niece, or the spouse or partner of any of the preceding persons.
A partner is defined as a member or a couple who live together.

All applications for housing submitted by an employee or Council Member (or a
relative/partner) must be notified to the Head of Housing and Property Services at the point of application. Any offer resulting from that application must be approved by the Head of Housing and Property Services and the Director of Environment and Community Services.

Such applications will be determined in accordance with this Allocations Policy

All applicants and tenants requesting re-housing or a transfer must complete an Online application form to join   the housing register.  Applications can be completed by going to www.wealden.gov.uk and following the links to Housing / Applying for Social Housing. Alternatively, applicants can go direct to www.sussexhomemove.org.uk to create a new account and make an application.  

How do we decide a persons priority for housing

Once an application has applied we will then assess the situation of the applicant and apply the Allocations policy to it. The Allocations officers have no power to make decisions that do not comply with the policy and have to always apply the policy.

Supporting information 

Once a person has applied to join the register by filling in the initial application form   they will receive an e mail advising what information we require to make a case live. The documents that we require allow us to understand what priority we need to give to an applicants case. We call this part of the process Validation. to be validated you must provide documents on your household’s identity, income, address and other aspects of the application. 

It is essential that you provide the following information: 

Proof of identify – one of the following for each household member

• Passport – adult members
• Driving licence – adult members
• Birth certificate for all children under the age of 18
• Copy of marriage certificate (if name is different from ID)
• Copy of change of name deed (if name is different from ID)

Proof of income and savings – all that apply for all members of the household aged 18 or over

• Bank statements for all accounts held for the past month
• If you are successfully nominated to a property you will need to provide another bank statement for the previous month. Please be aware that many of our housing partners now conduct their own checks and may require additional information from you.
• Wage slips for the past 2 Months  8 weeks
• If self employed a copy of HMRC self-assessment tax return dated within the last 12 months
• Occupational pension
• Private pension
• Copy of welfare benefit entitlement letters o Employment support allowance
  • o Employment support allowance
    o Universal Credit
    o Child benefit
    o Child Tax Credit
    o Incapacity benefit
    o Disability Living Allowance
    o Personal Independence Payment
    o Carers Allowance
    o Working Tax credit
    o Pension credit
    o State pension

Housing circumstances – all that apply

• A copy of your tenancy agreement
• A copy of your licence agreement
• A copy of your notice, if you have been served one
• A copy of your mortgage statement, if you own your property
• A valuation within the last three months, if you own your property
• A copy of possession proceedings from your lender
• Tied accommodation agreement / employment contract
• A letter from your friend or relative confirming your living arrangements

Proof of other aspects of an application will be requested on a case-by-case basis.

Copies of supporting evidence should be uploaded on to your Homemove account.

Please note that applications will not be assessed or allowed on to the register to bid until the required supporting information is provided. In addition if you are nominated and do not provide information requested by the housing provider, then your application may be overlooked.

Assessment

Applications to join the housing register will take up to sixteen weeks to process, from the point all supporting information is received by the Council.

When the applicant has provided the supporting information required, their application will be assessed based on the information provided on the application form and the required supporting information. Once assessed, the applicant is placed in the appropriate bedroom category, and into one of the four priority bandings in date order of registration. 

The Applicant will always be notified through their account at www.sussexhomemove.org.uk  when their application is live and information will include  :

• Priority Band and reason for it
• Priority date, which is the date the application is received, or in the case of homeless prevention, relief or main duty accepted homeless applicants, the date that Wealden District Council accepts that particular duty.
• The minimum and maximum bedroom size they can bid for.

Advise the applicant that they have a right to see the information held in relation to the application. If they consider any details or decision to be inaccurate then they can request a review.

Applicants may be asked to verify their circumstances at the point of any offer and should expect to provide any information requested within one working day because of the necessity to make offers quickly. Failure to provide information requested may result in the offer being withdrawn.

Each application is awarded a maximum number of bedrooms that they can bid on, the system will not allow bids on properties which have a greater of number of bedrooms than required. 

 The number of bedrooms an applicant is eligible for is based on the local housing allowance (LHA) criteria where one bedroom is allocated to each of the following:-

It should be noted that a second reception room will be considered available for use as a bedroom.  For larger households who require four bedrooms or more, the prevailing housing stock in the district will mean that provision of accommodation may not be possible at all.  Unborn children will generally not be taken into account until the birth and the applicant has supplied the child’s birth certificate.  Where there is a proven and overriding medical need, the Council will consider allocating up to one additional bedroom, on a case by case basis. Supporting evidence from professionals will need to be provided for this to be considered requests without supporting evidence will not be considered.

Table 1: Bedroom eligibility

In deciding the appropriate size of a property, the age and gender of the children within the household are considered.  For example a family with a male and female child where one is over 10 years old would be entitled to three bedroomed accommodation.  However, same sex children and young people are considered able to share a bedroom until the age of 16.  Therefore, for example, some two child families are eligible for a two bedroomed property and other two child families are eligible for a three bedroomed property.

RPs may have different bedroom eligibility criteria which can affect the types of property some households can bid for. It is important that applicants check property adverts for detail on number of persons that can occupy the property before bidding.

Applicants with shared custody, residency or contact arrangements for children would not usually qualify for additional bedroom/s to accommodate visiting children where the children have accommodation available to them with the other parent/guardian.

Bedroom entitlement for carers

Where an additional bedroom is requested to accommodate a carer, this will only be considered where there is evidence of an identified need for a carer to be present overnight for seven days a week , or there is specialist equipment that needs to be accommodated as a result of an individual’s assessed needs. Usual responsibilities for a carer will include the provision of calls, assistance with mobility, incontinence, toileting and changing catheters. An additional bedroom for a carer will only be considered where there is a Social Care assessment or Continuing Healthcare Assessment identifying the need for an ongoing overnight carer or specialist equipment and the funding being available for this carer. Emotional support such as counselling and assuring can be provided by telephone and will not be considered qualification for an additional bedroom. 

Bedroom entitlement for foster carers

Applicants who are an approved foster carer, will be entitled to one extra bedroom than their household would ordinarily be entitled to under this policy. This will only apply to:-

• Approved foster carers who have a child placed with them
• Approved foster carers who are between placements but only for a period of up to 52 consecutive weeks from the date of the last placement
• Newly approved foster carers but only for a period of up to 52 consecutive weeks from the date of the approval, if no child is placed with them during that period.

Prospective foster carers will not be entitled to an additional bedroom until they have been approved. Proof of approved status will be required before an additional bedroom entitlement will be awarded.

If the applicant is no longer an approved foster carer, this entitlement will cease.

Shared accommodation

On occasion, accommodation may be available within shared houses or houses in multiple occupation (HMOs). These may be in the private rented sector or a social landlord. These vacancies will be advertised through Sussex Homemove and available to bid on by single person households. 

Criteria may be set by the landlord as to eligibility for these vacancies, to ensure the occupants are able to share kitchen and sometimes bathroom facilities with each other. Therefore, the successful applicant may not be the applicant at the top of the shortlist. The Council will make the final decision as to the successful nominee in these circumstances.

Banding Structure

The four priority Bands are:

Band A

• Homeless households owed the main housing duty by Wealden District Council under s.193(2) of the 1996 Act who are accommodated by this Council in emergency or temporary accommodation.
• Medical Priority A – where the housing conditions are having a life threatening or significantly adverse effect on the medical condition of the applicant or member of the household to be re-housed with them, so as to warrant emergency priority. Such cases may be referred for independent medical assessment.
• Council and housing association tenants under-occupying general needs accommodation in Wealden and are moving to Wealden District Council-owned Retirement Living accommodation. Wealden District Council tenants may also qualify for a transfer incentive payment (TIS).
• Transfer applicants needing permanent or temporary decant (move) where the property is imminently required for major repair or redevelopment within the Wealden District.
• Releasing an adapted property or to make best use of adapted stock, where the tenant does not require adaptations or where the existing property cannot be adapted to meet the applicant’s needs, to be determined by the Council.
• Move on from care or supported housing as agreed by the Housing Register and Lettings Team Leader and social care providers.
• High priority transfer where there is significant imminent personal risk to the household if they remain to be agreed by the Head of Housing Services on a case-by-case basis
• High welfare needs – exceptional circumstances which warrant emergency priority – to be agreed by the Housing Options & Strategy Manager on a case by case basis.

Band B

• Wealden District Council and housing association tenants under-occupying family sized accommodation in Wealden and are downsizing to smaller general needs housing or bungalows. Wealden District Council tenants may also qualify for a transfer incentive payment (TIS).
• Severe Overcrowding – households lacking 2 or more separate bedrooms in accordance with the Bedroom Standard.
• Successors, other than spouse or partner, approved by the Housing Services Manager for suitable alternative accommodation.
• Management Transfers – agreed by the Housing Services Manager and Housing Options & Strategy Manager for transfers on management grounds, to properties of same size and type.
• Medical Priority B – where the current housing conditions are having a major adverse effect on the medical condition of the applicant or on one of the household to be re-housed with them as recommended by the Council’s medical advisor and approved by the Housing Register and Lettings Leader.
• Medium welfare needs – circumstances which warrant priority – to be agreed by Housing Register and Lettings Team Leader on a case-by-case basis.

Band C

• Households lacking one separate bedroom in accordance with the Bedroom Standard.
• Applicants owed a homelessness prevention (s195(2)) duty or a relief duty (s189B) by Wealden District Council who qualify to join the housing register.
• Applicants owed the main housing duty (s193(2)) by Wealden District Council who are not in emergency or temporary accommodation provided by Wealden District Council.
• Applicants owed a prevention duty (s195(2)), relief duty (s189B) or main housing duty (s193(2)) who do not qualify to join the housing register. These applicants will be considered after all other qualifying households on a given shortlist in the same band.
• Households who have accepted accommodation in the private rented sector in discharge of a prevention, relief or main homelessness duty owed by Wealden District Council within the last 12 months.
• Former and serving members (including ex-spouses) of the regular and reserve Armed Forces who were living in accommodation provided by the military (as defined by s.374 of the Armed Forces Act 2006 and guidance from the secretary of state) and who have an urgent housing need.
• Medical Priority C – where the current housing conditions are having an adverse effect on the medical condition of the applicant or on one of the household to be re-housed and approved by the Housing Register and Lettings Team Leader.
• Applicants living in unsatisfactory or insanitary housing conditions that cannot be addressed by the Council’s Private Housing team
• Other homeless households e.g. not owed a prevention, relief or main housing duty.
• Applicants for Retirement Living only where there is no higher need. Applicants bidding on other types of housing will not be considered.
• Low welfare/hardship needs – people who need to move to a particular area in the district where failure to meet that need would cause hardship e.g. to give or receive support.

Band D

• Applicants and transfer applicants with no reasonable preference for housing.
• Applicants for Retirement Living only who do not qualify to join the housing register. Applicants bidding on other types of housing will not be considered.
• Applicants who have refused one suitable offer of accommodation will remain in Band D for six months from the date of refusal.
• Applicants who have rejected a suitable offer of private rented sector accommodation under prevention, relief or the main homelessness duty will remain in Band D for 12 months from the date of refusal.
• Applicants who have intentionally worsened their circumstances, or have misled or provided false information in order to increase their housing priority will be placed in Band D for six months.
• Applicants who have failed to successfully complete tenancy training will remain in Band D until training is successfully completed.

How medical priority is assessed

Medical priority of the applicant/s and/or those to be re-housed with them is assessed, where appropriate, based on the information supplied by the applicant on their online housing application and information supplied by the applicant to support the link between housing and their specific condition.

Repeat requests for medical consideration will result in the Council charging applicants for the cost of referrals to the medical advisor or for medical reports to lead professionals involved. This charge will be made before any referral is made and is currently set at £55.00. The Council will always request advice from a specialist or consultant to understand how the medical circumstances make the current housing difficult to live in.

Medical priority is only awarded in circumstances where a move to alternative accommodation would significantly improve the health condition, or quality of life of the applicant or a member of their household to be rehoused with them.

Medical priority is not awarded because the applicant has a health condition. Priority will only be considered in cases where there is a clear, adverse and demonstrable link between the current accommodation and the health of the applicant (or a member of their household).

Many households with medical conditions will not receive any medical priority because, despite the seriousness of their condition, they already reside in accommodation that is suitable for their needs, or the Council cannot provide accommodation that would improve their health or is more suitable.

In many cases, re-housing will not alleviate the medical condition. It is therefore always the effect on the health of the housing circumstances, not the severity of the medical condition/s itself that the Council considers.

Mental health can range from mild depression to severe conditions. Even severe conditions can be managed with medication. Mental illness which is controlled by medication or other treatment is unlikely to receive any medical priority.

Ground floor recommendations

Where an application has been awarded additional priority for mobility difficulties in relation to managing stairs, it is expected that an applicant will not bid on any accommodation that includes stairways, including houses. Priority on this basis is awarded to assist an applicant avoid stairways so bidding is limited to bungalows and ground floor flats or flats with lifts.

Where an applicant asserts that they can climb stairs within a house but declares they cannot manage the stairs to or within their existing home, or climb stairs to a flat then a specialist medical practitioner’s assessment and detailed explanation will be required. A supporting General Practitioner’s letter will not suffice.  Such cases will usually be referred to the Council’s medical advisor.

Ground floor flats will normally be offered to applicants who struggle with mobility as opposed to houses with stairs (unless agreement for adaptation from a qualified Occupational Therapist is in place). Furthermore, medical priority may be reduced to households who are actively bidding on accommodation with stairs as opposed to ground floor accommodation where ground floor accommodation is recommended and priority has been awarded due to poor mobility. Applicants should note that new-build properties cannot be adapted for 12 months.

In addition, relatively mild or intermittent or temporary conditions are unlikely to receive any priority.

Medical priority awards

In more severe cases, where a clear link between the health condition and housing situation is demonstrated, medical awards can be made as follows:

Medical Priority A

will be recommended where the applicant or one of the household to be re-housed with them, has an emergency need to move, and has a life threatening condition which is seriously adversely affected by their current housing. All recommendations for Medical Band ‘A’ are referred to the Council’s independent medical advisor. Such applicants may include applicants unable to access their accommodation due to a significant physical disability or life threatening trauma where discharge from hospital is delayed due to existing accommodation being inaccessible.

Medical Priority B

will be recommended where the applicant or a member of their household has an urgent need to move, because current housing conditions are having a major adverse effect on the medical condition of the applicant or on one of the household to be re-housed with them.

Medical Priority C

will be recommended where the applicant or a member of their household has a need to move because the current housing conditions are having an adverse effect on the medical condition.

No medical priority

will be awarded where the medical condition will not be improved by moving, or where the Council cannot provide the type of housing that may improve the health condition

In all cases requesting medical priority, a demonstrable impact of the current housing on the health condition, and how the condition will be improved by alternative housing provision, must be evidenced by specialist professionals, qualified in the specific medical condition.

It should be noted that there must be a clear link between the current housing and its effect on the applicant or household member’s health condition.  An applicant or household member suffering from a medical condition who are living in appropriate housing or where a condition exists which will not improve with alternative accommodation, or where the Council cannot provide more suitable accommodation, will not be awarded any housing priority on medical grounds.

Applicants awarded medical priority due to difficulty accessing accommodation, for example, due to difficulties with steps or stairs and reduced mobility or where the Council is advised that an applicant is unable to manage stairs, will not normally receive an offer of a house with stairs due to its unsuitability. This means ground floor flats will normally be offered as opposed to houses with stairs unless agreement for adaptation from a qualified Occupational Therapist is in place. Medical priority may be reduced to households who are actively bidding on accommodation with stairs as opposed to ground floor accommodation where ground floor accommodation is recommended and priority has been awarded due to an inability to manage stairs. Applicants should note that new-build properties cannot be adapted for 12 months.

Mobility Groups

Certain properties may have a mobility group and priority will be given to those with a matching need.   Properties will be also be advertised with notes where the potential for adaptation or further adaptation exists.

Mobility group 1:

Suitable for someone who uses a wheelchair full time. The property provides wheelchair access throughout, or can be suitability adapted for wheelchair access.

Mobility Group 2 :

Typically suitable for a person with restricted walking ability and may use a wheelchair some of the time. The property will have level or ramped access but parts of the property may not be fully wheelchair accessible, or, the property may be suitable for such adaptations.

Mobility Group 3:

Typically suitable for a person able to manage two or three steps and who are usually independent. The property may have some adaptations to assist people with limited mobility, such as a level access shower, or be suitable for such adaptations.

Where a disabled applicant bids for a property which does not match their mobility needs, the Council will take account of whether it is reasonable and practical to adapt the property, and consider our duties under the Equalities Act 2010 and the Housing Grants, Construction and Regeneration Act 1996.

Occasionally offers may be withdrawn where the housing is not considered appropriate and would not meet the housing need.

Applicants with mobility needs would normally only be considered for ground floor flats, accommodation with a lift or bungalows.

Unsatisfactory housing conditions and overcrowding

Where a household lacking two or more bedrooms where no other presenting housing circumstances exist (e.g. homelessness) they would normally be placed in Band B.

Applicants will be placed in Band ‘C’ if they lack one bedroom.

Please note that if there is a second reception room it will generally be deemed to be available for use as a bedroom.

Applicants living in unsatisfactory or insanitary housing conditions that have been assessed by the Council’s Private Housing team will be considered on a case by case basis taking into account remedies available and feasibility of resolving the issue.  Applicants who do not consent to involvement and interventions from the Private Housing team will not be eligible for priority on this basis. Where all actions to remedy the situation have failed, applicants will be placed in Band C.

Reviews of the Housing Register

The Council will carry out regular reviews of applicants on the Housing Register.  This process is carried out via applicants’ online account at Sussex homemove and applicants are notified by email when they are required to re-register.  It is the applicant’s responsibility to ensure that their email and contact details are up to date and that supporting information is provided in the timescale requested. The Council will not make repeated attempts to re-register applicants and those not responding to the email request will be removed from the housing register.

Applicants may be requested to complete a full application at re-registration stage. If the applicant fails to complete a full application within 28 days, their application will be removed.

Applicants who have been requested to re-register or complete a re-application will not receive any offers of accommodation whilst this review is outstanding.

Applications will also be reviewed before any offer of accommodation is made.  If circumstances are found to have changed from those initially declared, the offer will be reviewed and may be withdrawn.

Changes in circumstances

Applicants are required to notify the Council of any change in circumstances that might affect their application at any stage. This should not be delayed until an annual review.  Failure to notify the Council of a change in their circumstances is considered an offence under s179 of the Housing Act 1996 and is subject to a fine.

If an applicant’s circumstances change they may be moved up or down a band depending on their need or removed from the housing register.

If an applicant fails to inform the Council of a change in their circumstances, it may mean any offer of accommodation could be withdrawn. Applications will be suspended until supporting evidence has been provided by the applicant and verification has taken place.

Priority Date

The principle of the scheme is that no one should overtake existing applicants in a Band.

Priority dates will be set as follows:

• New applicants including transfers: the date all supporting information has been received and application can be processed.

• Prevention duty (s195(2)): the date the prevention duty notification is issued, not the date of application or presentation.

• Relief duty (s198B): the date the relief duty notification is issued

• Main housing duty (s.193(2)): the date of notification of the main housing duty. The priority date cannot be before the relief duty has ended

• Lacking one or more bedrooms due to the birth of a child: the date of the child’s date of birth (subject to copy of the birth certificate being provided).

• Transfer Priorities: the date supporting information is received from housing management.

• Unsatisfactory or insanitary housing conditions: the date supporting information is received from the Private Housing team.

• Medical reasons: the date of decision of any band change made by the Council.

If an applicant moves down a Band, then their priority date will revert to the date that applied when the applicant was previously in that Band, or any earlier date in a higher Band.

Removal from the housing register

An applicant will be removed from the housing register if:-

• They are no longer eligible to join the housing register
• They no longer have a local connection to the District
• They no longer qualify to join the housing register
• They have been rehoused by the Council or a Registered Provider
• They have been rehoused into the private rented sector and have not made a fresh application to re-join the housing register
• If they fail to re-apply, re-register or complete a review within 28 days or when requested.
• The applicant requests to be removed from the housing register.
• The applicant provides false or misleading information or withholds information that is relevant to their housing application.

Providing false or misleading information

Section 171 of the 1996 Act makes it an offence to knowingly withhold information that this authority reasonably requires to assess an application, or to knowingly or recklessly provide false information.  The Council will take robust action against anyone who gains a tenancy in such circumstances.  This may result in a substantial fine and/or the loss of the home. Applicants who have had their cases confirmed as fraudulent by the Council’s Fraud Team may have future applications rejected and may be excluded from the Council’s Housing Register for 5 years.

Offers will normally be made to applicants at the top of the shortlist. In very exceptional circumstances we may need to reject an applicant on the shortlist for a particular property to ensure that we meet the following objectives:

• To ensure that communities are as balanced as possible
• To help sustain rural communities
• To ensure properties are let quickly
• To make best use of the Council’s stock and to reduce under occupation 

A local lettings plan is an agreement between the Council and housing provider that restricts lettings in the area to certain households.  This may be done to tackle a specific issue or problem that has been identified locally or to help with sustainability of a new community. 

Where a local lettings policy is in place, the property advert will outline how preference may be given.

Applicants are required to notify the Council of any change in circumstances that might affect their application at any stage. This should not be delayed until an annual review.  Failure to notify the Council of a change in their circumstances is considered an offence under s179 of the Housing Act 1996 and is subject to a fine.   

If an applicant’s circumstances change, they may be moved up or down a band depending on their need or removed from the housing register.  

If an applicant fails to inform the Council of a change in their circumstances, it may mean any offer of accommodation could be withdrawn. Applications will be suspended until supporting evidence has been provided by the applicant and verification has taken place.

After the Banding has been decided we then need to consider the priority date.

The principle of the scheme is that no one should overtake existing applicants in a Band. Priority dates will be set as follows:

• New applicants including transfers: the date all supporting information has been received and application can be processed.
• Prevention duty (s195(2)): the date the prevention duty notification is issued, not the date of application or presentation.
• Relief duty (s198B): the date the relief duty notification is issued
• Main housing duty (s.193(2)): the date of notification of the main housing duty. The priority date cannot be before the relief duty has ended
• Lacking one or more bedrooms due to the birth of a child: the date of the child’s date of birth (subject to copy of the birth certificate being provided).
• Transfer Priorities: the date supporting information is received from housing management.
• Unsatisfactory or insanitary housing conditions: the date supporting information is received from the Private Housing team.
• Medical reasons: the date of decision of any band change made by the Council.

If an applicant moves down a Band, then their priority date will revert to the date that applied when the applicant was previously in that Band, or any earlier date in a higher Band.

Priority dates will be set as follows:

• New applicants including transfers: the date all supporting information has been received and application can be processed.
• Prevention duty (s195(2)): the date the prevention duty notification is issued, not the date of application or presentation.
• Relief duty (s198B): the date the relief duty notification is issued
• Main housing duty (s.193(2)): the date of notification of the main housing duty. The priority date cannot be before the relief duty has ended
• Lacking one or more bedrooms due to the birth of a child: the date of the child’s date of birth (subject to copy of the birth certificate being provided).
• Transfer Priorities: the date supporting information is received from housing management.
• Unsatisfactory or insanitary housing conditions: the date supporting information is received from the Private Housing team.
• Medical reasons: the date of decision of any band change made by the Council.

If an applicant moves down a Band, then their priority date will revert to the date that applied when the applicant was previously in that Band, or any earlier date in a higher Band.

An applicant will be removed from the housing register if:-  They are no longer eligible to join the housing register

• They no longer have a local connection to the District
• They no longer qualify to join the housing register
• They have been rehoused by the Council or a Registered Provider
• They have been rehoused into the private rented sector and have not made a fresh application to re-join the housing register
• If they fail to re-apply, re-register or complete a review within 28 days or when requested.
• The applicant requests to be removed from the housing register.
• The applicant provides false or misleading information or withholds information that is relevant to their housing application.

Providing false or misleading information 

Section 171 of the 1996 Act makes it an offence to knowingly withhold information that this authority reasonably requires to assess an application, or to knowingly or recklessly provide false information.  The Council will take robust action against anyone who gains a tenancy in such circumstances.  This may result in a substantial fine and/or the loss of the home. Applicants who have had their cases confirmed as fraudulent by the Council’s Fraud Team may have future applications rejected and may be excluded from the Council’s Housing Register for 5 years. 

The aim of the community contribution policy is to give additional priority to applicants who can demonstrate a commitment and contribution to the community and district’s economic growth as working households or through voluntary work or training. Community contribution will be awarded separately to an applicant’s existing priority and does not increase applicants’ banding. It will not operate as a standalone banding criterion, and applicants must qualify to join the Housing Register.

How does it work?

A percentage of available lets up to a maximum of 20% per year will be made available to applicants able to demonstrate a ‘community contribution’.  Applicants must be able to demonstrate this at the point of application and at the point of offer.  Properties will be advertised through Sussex Homemove with preference given to applicants with a proven and accepted Community Contribution.  The shortlist will be run in the usual way, with the successful applicant being in the highest band, waited longest, with a Community Contribution.

Definition of community contribution

Households where at least one adult household member is in employment within the Wealden district or an adjoining district or borough to Wealden and has been employed for a continuous period of at least 12 months.

• Applicants undertaking full time training for a nationally recognised qualification such as NVQ, BTEC or Diploma; an Apprenticeship or workplace based training for a minimum of 16 hours per week. Training must be for a duration of at least six months and the training must already have commenced. Evidence will be required from the educational institution or work placement employer. 
• Applicants who have successfully completed tenancy training and have a positive tenancy history defined as a clear rent account for at least three years, no reports of anti-social behaviour or nuisance and making a positive contribution to the local community by involvement in residents groups or similar community-based interests.
• Applicants who can demonstrate a contribution to the local community such as voluntary work for a not for profit or community-based organisation or charity. This could be specific to an area or estate or could be voluntary work anywhere in the Wealden area. Volunteers must have been volunteering on a regular basis for a continuous and sustained period of at least three years up to the point of application and the same at point of offer.
• Applicants who have attended and substantially completed a training course recognised by the Council to enhance an applicant’s wellbeing, vocational or life skills.

Verification will be sought at point of application as well as point of offer under the same terms. Applicants must provide payslips, P60, bank statements or a verifying letter on headed paper from their employer or sponsor in order to qualify.   

Advertising and bidding

The Council advertises all available Council and Registered Provider homes online at www.sussexhomemove.org.uk.  Applicants who are registered with Wealden District Council are able to log in securely to their Sussex Homemove account using their email address and password, which allows them to bid for available homes.  Please do not share this information with persons who you do not want to bid for you. We have seen cases  where we are advised the children have placed bids. The applicant is responsible for the security of their own” log in” details.

Applicants who are considered vulnerable and who do not have internet access are assisted to bid by staff.  

Applicants with support needs and those who have difficulty with written English will be supported by the Housing Options Team, an appointed support provider or a translator.

All bids for a property are checked against the eligibility rules, for example any age restrictions or size of property.   Ineligible bids are excluded from consideration.  We will provide advice and support to applicants who regularly bid for properties they are not eligible for.

Applicants can bid for up to three properties at one time.

Full details of how to bid are explained at www.sussexhomemove.org.uk  and we also send this information to you when you are made live.

The Council will advertise all properties as being for Transfer applicants or housing applicants or both and set the eligibility criteria for the property, such as:

• The minimum and maximum number of persons in the household
• If there are age restrictions for applicants e.g. retirement accommodation.
• If properties are restricted for example, for transfers only or those with a ‘community contribution’ or local connection to a parish or if a local lettings plan exists.
• If pets are allowed.
• The landlord – the Council, a housing association or a private landlord.
• The weekly rent, service charge and any other payment required e.g. rent in advance.
• The mobility group, if applicable.

Applicants cannot bid for properties that would not be a suitable size for the household size.

Supported housing will normally be allocated outside of Sussex Homemove to applicants that have support needs that have been assessed and approved by the Council and support providers.

Offers of temporary accommodation made to homeless households will be allocated outside of Sussex Homemove.

Cross Partner Lettings

If a property has not been bid on for two consecutive bidding rounds the Council may open the bids across the partnership which currently includes Rother and Hastings Councils. 

If a client who is not on the Wealden Housing Register who has bid for a suitable property refuses the property, we will overlook the applicant for two consecutive bidding rounds. The decision to overlook will be made by a senior officer and there will be no appeal rights. 

Wealden will request relevant information from partners for each cross boundary nominee and may reject the nomination if the client would have not have qualified to join via the Wealden’s Housing Register.

Retirement Living accommodation and bungalows

The Council and Registered Providers have a variety of Retirement / sheltered accommodation specifically for older people aged 60 years or over (there are a small number of sheltered schemes that will accept applications from people aged 55 and over). Bungalows will also usually be advertised for applicants over the age of 60 or for those in need of this type of accommodation due to a mobility need.  Where it has been agreed with Housing Management, bids for sheltered schemes may be considered from applicants with mobility needs under the age of 60.

Retirement Living is for older people who are capable of living independentl.. You may be asked to provide your most recent care assessment before being considered for this type of accommodation. Further details on access to Retirement Living accommodation can be found at Appendix D.

Small pets may be considered in Retirement Living with permission. Applicants should refer to the Council’s pet policy for further information.  

How bids are shortlisted

All eligible bids for each property are placed in priority order.  Priority is decided firstly by Band, secondly by priority date within the Band, and finally by random selection if there are two applicants in the same band with the same priority date.  

For properties in the rural parishes, the shortlist is filtered to show only applicants with a verified local connection to the parish. Priority is then decided firstly by Band (A to D only), secondly by priority date within the Band, (please see Appendix A for full details of the Parish Lettings Policy).  

For properties advertised with preference given to applicants with a Community

Contribution, the shortlist is filtered to show only applicants with a community contribution. Priority is then decided by Band, secondly by priority date within the Band.

Where a property has been advertised to give preference to a mobility group, the shortlist is filtered to show only applicants with a matching mobility need.  Priority is then decided by Band, secondly by priority date within the Band.  

The Council’s intention is to extend the benefits of choice based letting to all applicants. As explained above under the heading ‘Advertising’ certain properties will be advertised subject to certain restrictions whilst other properties (referred to as ‘general needs accommodation’) will not be subject to any such restrictions. 

A suitability assessment will be carried out before any offer of accommodation is made. This will be based on qualified professionals’ evidence, and in accordance with the Housing Act part VI, VII and associated Codes of Guidance. In addition, the Council reserves the right not to make an offer where it reasonably believes that to do so would have an adverse effect on the health, welfare and/or safety of any person including the applicant, or where other, accommodation would be more suitable, for example where ground floor accommodation would be more suitable than a house where an applicant cannot manage steps. 

Every bid will be assigned a random number when the bid is made.  This number is used to resolve a tie, the highest number getting the priority.  If there are no eligible bidders for a property, the Housing Options Team may decide to make a direct allocation or re-advertise the property.

If the property is owned by a Registered Provider, the prioritised list will be referred to the landlord for offer.  

To minimise delays the landlord may arrange multiple viewings for up to three applicant households per property.  Applicants will be required to bring proof of identity and any other relevant documentation that has not already been verified to the viewing.   For general needs Council housing the Housing Options Team will:

1. Arrange accompanied viewings, advise on any non-essential repairs to be completed after the tenancy start date and give a target date for the completion of these repairs.
2. Offer the applicant the option to accept and invite to sign for the tenancy or agree a decision within 24 hours.

If the applicant refuses or fails to respond to the offer, the Allocations Officer will note the reasons for the refusal and the next applicant is selected for an offer.  

Applicants who do not provide proof of identity or other relevant requested documentation at the viewing will be given 24 hours to provide proof at a Council office prior to signing for the tenancy.

Affordability

Changes to welfare benefits under the Welfare Reform agenda including the underoccupation charge (benefit cap), Universal Credit, housing benefit changes  and  cost of living issues  have resulted in affordability issues for households dependent on welfare benefits. 

In the event that the prospective landlord decides the household does not have the means to pay the rent, this may result in being rejected for the property by the landlord. 

If an applicant is required to pay rent in advance to secure a tenancy from a social landlord and they cannot afford to pay, they should discuss this with the landlord to agree how this can be overcome. The Council is unable to subsidise these requests.

In the case of private rented sector offers, these will be made where the property is considered affordable following an income and expenditure assessment. The Council considers it reasonable that a household makes a contribution to the rent where there is a shortfall between housing benefit and rent. The amount of this will vary on a case by case basis.

Feedback on bids placed

All properties that an applicant bids for will show in the applicant’s bidding history on their account at www.sussexhomemove.org.uk. When the property is let, applicants can see the band and priority date of the successful applicant. This information can help applicants to assess the likelihood of being successful for a similar property, by comparing their own banding and waiting time with that of the successful applicant.  The Council is unable to provide individual feedback to applicants on the properties they have bid for and will direct customers to their Sussex Homemove account. 

Auto bids mean that an applicant does not need to be place bids themselves. Auto bids will be placed for applicants with the following band reasons:-

• All applicants owed a prevention (s195(2)), relief duty (s189B) or main housing duty by Wealden District Council
• Any other applicant who requires support to bid and has requested autobidding is set up on their behalf.

Direct Lettings

Any property that has been advertised once without a successful letting, will be discussed by HMT and any factors that may impact on its desirability considered. The property will then be advertised for a second time, having considered any factors that affect bidding.  If after a second bidding cycle, a successful let is not achieved, the property will be considered for letting direct. In these circumstances, applicants will usually be selected from the housing register in the highest band, who have waited longest within the band, where their needs match the property available. In the event that an applicant cannot be identified through the direct letting process, the property will be advertised cross-partner for applicants from East Sussex Homemove partner authorities.

Any decision to let direct or advertise a property cross-boundary must be approved by the Housing Options and Strategy Manager, Housing Services Manager and Head of Housing (or their equivalents). 

In addition, the Council retains flexibility to deal with exceptional circumstances.  At the discretion of the Head of Housing, the Council may allocate other properties directly that do not fall in to the above circumstances. A maximum of 10 properties in any financial year will be considered under these circumstances.  

Refusals

Where an applicant has made a successful bid, been made a direct let or a successful bid made on their behalf by the Council, the Council will make one reasonable and suitable offer which as far as possible matches the size and type of property the applicant is eligible for and in an area of choice, where possible, for the household.

The applicant will be expected to view, accept and move into the property promptly.  If the applicant refuses the offer, their application will be placed into Band D for  twelve.  If the applicant is owed the main homelessness duty, no further offer will be made and the Council will consider that its duty will have been discharged.   

Applicants owed a prevention, relief or main housing duty who refuse one reasonable and suitable offer of accommodation will have their banding reduced to Band D and will remain in Band D for twelve months notwithstanding any other housing circumstances that apply.

Applicants owed a prevention, relief or main housing duty who do not bid for accommodation within a six month period may be excluded from the Housing Register.

Applicants bidding for retirement living housing (other than applicants owed a prevention, relief or main housing duty) who have refused three offers of accommodation will have their application moved to Band D for six months. If however, an applicant is bidding for general needs and refuses three suitable offers within a 12 month period they will be excluded from the register for 12 months. 

If the applicant refuses the offer, they will be requested to give their reasons for refusing and no further offer will normally be made.   Failure to respond to an offer within four days of the date of the offer, will be considered a refusal.

The applicant can request a review of the decision not to make a further offer.  The property will not be held empty while the refusal is reviewed but will be let to another applicant.

Where such an offer is made pursuant to a duty arising under prevention (s195(2), relief (s189B) or the main duty (s.193) of the 1996 Act and the offer is refused, the Council will normally regard itself as discharged from that duty. 

Applicants placed into temporary accommodation by Wealden District Council may be required to leave the accommodation provided, and repay all temporary accommodation and storage costs incurred as a result of refusing a suitable offer by the Council.  

Joint tenancies

The Council will grant a joint tenancy to partners applying together for housing in most circumstances.  A joint tenancy remains in joint names until one or both joint tenants terminate the tenancy.   For further advice please contact your Housing Officer or seek independent legal advice.  

Due to the pressures on social housing across the district applicants will receive advice and information about a range of housing options such as low-cost home ownership schemes, accommodation outside of the district and suitable private sector rented accommodation. 

The Council currently operates: 

• The Transfer Incentive Scheme – financial assistance offered to Council tenants giving up general needs accommodation. 
• Letsure – financial assistance for applicants to secure accommodation in the private rented sector. 
• Mutual Exchange – to assist existing social housing tenants to swap their property with other tenants within and outside of the Wealden district.

This section sets out the procedure for reviewing or appealing the following decisions:-

• Exclusions from the Housing Register to exclude an applicant or to remove someone from the Housing Register other than at his or her request.
• That an applicant is ineligible for an offer.
• Suitability of an offer of accommodation
• Other decisions relating to the scheme, including banding decisions and priority dates.
• Where a priority has been removed
• Where a Direct Let has been offered and / or refused.

An officer senior to the officer making the original decision (and who was not involved in making the decision) will carry out these reviews.

Procedure

A request for a review must be made within 21 days from the day on which the applicant is notified of the Council’s decision and the reasons for it.  The Council has discretion to extend the time limit if it considers this would be reasonable.

A request should be in writing (help is available at Citizens Advice Bureaux and other agencies).  The applicant should provide relevant new information e.g. NTQ, medical information where appropriate.

The reviewing officer will carry out an investigation, and, if further information is needed, invite the applicant to write or, if unable to do this, make oral representation. The applicant may also appoint someone on his/ her behalf to do this. 

If the reviewing officer finds that the officer who took the decision did not take relevant information into account, they will refer the file back to that officer for reconsideration or overturn the decision.

The officer will notify the applicant of the decision and the reasons for it within eight weeks of the request for a review.  

There is no right to request a further review of the decision unless the applicant’s circumstances change.

Any rights to review under the Housing Act 1996, Homelessness Reduction Act 2017 or any other legislation to request that the Council reviews a decision, remain unaffected by these rights of review.

Any rights to review under the Housing Act 1996, Homelessness Reduction Act 2017 or any other legislation to request that the Council reviews a decision, remain unaffected by these rights of review.

Any applicant wishing to make a formal complaint about any aspect of their application must follow the Council’s formal complaints procedure which can be found on the Councils website: www.wealden.gov.uk

Complaints relating to housing association lettings 

Complaints about adverts and allocations by the Council registered providers should be addressed to those partners. While we will do our best to assist in resolving such complaints and will take responsibility if the partner was acting on our instructions, we cannot be held liable for errors made or separate allocations policies followed by these bodies, which are independent of the Council.

Applicants are entitled to see the entry on the Housing Register relating to them and receive a copy of the details held for a set fee.  An applicant must also be notified of any Band or status change to their entry on the Housing Register.

All information held on the Housing Register is confidential and it will only be used for the purposes of allocating social housing.

Redacted information is used to provide information on levels of housing need across the district.   Any information used in this way will be anonymous, unless the express permission from the applicant has been given. 

The Allocations Policy is available on the Council’s website www.wealden.gov.uk.

Printed copies will be made available on request.

Why do we have this policy?

The Parish Lettings Policy aims to sustain and support rural communities by ensuring that housing in a rural parish is allocated to those applicants who have a local connection with that parish. The local connection is with the parish as a whole not individual villages or settlements within the parish.  

Where does it apply?

The Parish Lettings Policy applies to all parishes in Wealden.  It does not apply to lettings in Hailsham, Polegate, Uckfield or Crowborough.    

What types of properties does it apply to?

This policy applies to all new and existing homes in the parishes to which this Parish Lettings Policy applies except for sheltered accommodation, four bedroomed homes and disabled adapted homes.

The application of this Parish Lettings Policy may be modified where, for example, social housing is built on what is called a ‘rural exception site’. The letting of such properties will be controlled by very specific criteria (usually set out in a S.106 Planning Agreement) relating to enabling access to affordable housing for people with a local connection to a particular parish. This means that lettings of these homes will be subject to the conditions set out in the S.106 agreement. The shortlist will be considered from Bands A to D inclusive, before considering neighbouring rural parishes Bands A to D, then the Wealden District.  

Also, there are certain affordable housing developments in respect of which the Council has the right to make nominations or make allocations  and so far as these sites are concerned this policy will apply as follows: – 

• On sites of 10 or less affordable housing units this Parish Lettings Policy will apply to the initial and subsequent letting of all of the affordable housing units  made available to the Council.   
• On sites of 11 or more affordable housing units this Parish Lettings Policy will apply to the initial and subsequent letting of a percentage (to be determined on a site by site basis) of the affordable housing units made available to the Council. The remainder of the affordable housing units made available to the Council will allocated in accordance with the Council’s allocations scheme to meet district-wide need.

        The percentage of affordable housing units made subject to this Parish        Lettings Policy will be determined on a site by site basis having regard to  the       local housing need in a particular parish. By way of example  only,  in respect          of a small site in a rural parish with a high housing need, it  may be     appropriate  to provide that 50% of the affordable housing  units  shall be         subject to terms of this Policy.

How does the Parish Lettings Policy work? 

When accommodation is allocated in a rural parish the Parish Lettings Policy will normally apply and you will need to demonstrate that you have a local connection with the parish. How you demonstrate a ‘local connection’ is explained below.

How to demonstrate a local connection to a parish

In order to be considered as having a local connection to a particular parish, applicants must qualify to join the Council’s Housing Register in the first instance.

Applicants must complete the relevant section of the online housing application form, identifying each parish connection they have and why, at the point of application. Evidence of address history or family connection must be provided to demonstrate a local connection at the point of application. This will be verified with other Council departments or other agencies.

Parish connection must be demonstrated at the point of application. The Council cannot process local connection requests when a property is advertised in a parish.

Definition of local connection

For the purposes of the Council’s Parish Lettings Policy, a local connection to the Parish is defined as meeting one of the following criteria:-

1. Applicants who currently live within the Parish and have done so continuously for at least two years.
2. Applicants who have lived in the Parish for three years out of the last five
3. Applicants who have a close adult relative (over 18 years of age) (mother, father, adult children or siblings) who currently lives in the Parish and has resided in the district for at least five years continuously
4. Exceptional circumstances – where failure to reside in the parish would cause hardship to the applicant or others (to be agreed by the Housing Options and Strategy Manager on a case by case basis)

Please note parish local connection is defined as meeting one of the above criteria. There is no additional weight given to applicants with a “stronger” local connection than the criteria above or by meeting more than one criterion.

How will rural homes be allocated under Sussex Homemove?

Stage 1 – application

For an applicant’s local connection to a parish to be considered when bids are received, the applicant must notify the Council at the point of initial application and have been verified by the Council before a bid is placed.  It is the applicant’s responsibility to inform the Council of a parish connection. The Council will not take into account parish connections that are made known by the applicant at the time of a property being advertised in the parish.

When a Council or Housing Association property becomes vacant in any of the rural parishes, the property will be advertised under the Sussex Homemove scheme, along with all other available homes. Applicants can ‘bid’ for the property if it is suitable for their needs. 

Stage 2 – short listing and offers

When the Council receives the shortlist of bidders, priority will be given to bidders in the highest Band, who have been registered the longest time and have a verified local connection to that parish.  

• Bids will be considered from Bands A to D where the applicant has a verified local connection to the parish.
• If no applicants through Bands A to D have a local connection to the parish, the Council will consider all applicants through Bands A to D who have a local connection to an adjoining parish.
• If no applicants have local connection to the parish or an adjoining parish, the property will be allocated to the applicant in the highest band with a local connection to the District.

The Council does not have enough Council and housing association properties available for all those that would like the opportunity of a social tenancy.  The annual supply of social housing is reducing and numbers of households in temporary accommodation (TA) are increasing along with significant costs to the Council and local tax payers as a result.   

In order to meet our obligations under the Housing Act 1996 and Homelessness Reduction Act 2017, greater use must be made of the private rented sector to ensure households who are owed a prevention, relief or main housing duty, can be offered accommodation quickly.  In the majority of these cases, we will make an offer into the private rented sector where possible.  This is possible also, as a result of the Localism Act which enables the Council to discharge a main housing duty into the private rented sector without an applicant’s consent. This applies to any applicant accepted after 9^th November 2012.

This document sets out the local policy arrangements for discharging prevention, relief or the main housing duty into the private rented sector.

Applicants owed the ‘Prevention’ or ‘Relief’ duty

All applicants who seeks assistance from the Council after 3^rd April 2018 due to being homeless or threatened with homelessness, will be supported under the Homelessness Reduction Act 2017.

As part of our work to prevent or relieve homelessness, consideration will be made of the private rented sector, depending on the client’s circumstances.

Where an applicant’s existing accommodation cannot be sustained, the private rented sector will be considered as the next available solution in most cases, depending on the client’s circumstances.

Applicants owed the ‘main’ housing duty

For any applicant who has made a homeless application after November 9^th 2012 and is owed the main housing duty, that duty will remain until one of the following events occur which, by law, will bring the duty to an end.  These are:-

1. The applicant accepts an offer of settled accommodation from the Council

(in accordance with Part VI of the Housing Act 1996)

1. The applicant is made a suitable offer of private rented sector accommodation (PRSO), available for a period of 12 months or more.
2. The applicant refuses an offer of accommodation which the Authority is satisfied is suitable for their needs
3. The applicant becomes intentionally homeless from the suitable accommodation made available for his/her occupation.
4. The applicant ceases to be eligible for assistance due to their immigration status.
5. The applicant otherwise voluntarily ceases to occupy as their only or principal home, the accommodation made available to them to meet the main housing duty.

The level of private rented sector supply will determine the number of households that may be made a suitable PRSO.  In situations where the number of applicants exceeds the supply of properties, applicants will be selected for a PRSO in the following order.  

• Restricted cases, as defined by Section 193 (3B) Housing Act 1996.
• Applicants who do not qualify for inclusion on the Wealden Housing Register
• Applicants who are owed the main housing duty and where no suitable temporary accommodation is available in the District.
• Applicants for whom the Council considers a private rented sector tenancy can best meet their needs and preferences.

Offers of Private rented sector accommodation for prevention, relief and main duty cases

A full consideration of the household’s individual circumstances and the facts that apply to the case will be considered before making an offer of accommodation in the private sector, under any of the above duties.  

Applicants within the above categories will be prioritised by date of acceptance of the particular duty owed and the suitability of the property having regard to the Housing Act 1996 and The Homelessness (Suitability of Accommodation) (England) 

Order 2012 (as amended by the Homelessness Reduction Act 2017 and the Homelessness Code of Guidance 2018. Factors that will be taken into account include:-

• Location
• Property condition and management
• Size
• Affordability

Having undertaken this consideration if the council is satisfied that it is appropriate to exercise this power, the Council will discharge its duty by arranging for a private landlord to make an offer in the private rented sector.

Each private rented sector offer will be assessed for suitability and matched to the individual household.  The Council will not make arrangements for an applicant to be made a final offer of a private sector assured shorthold tenancy unless it is satisfied that:

1. The accommodation is suitable for the applicant and
2. The applicant is able to bring to an end any contractual obligations (e.g.

tenancy agreement or licence) that they have in respect of their current accommodation before they are required to take up the offer.

When making an offer which will end the prevention, relief or main housing duty, the Council will notify the applicant in writing of:

1. The possible consequences of refusal or acceptance – which will normally bring the Council’s duty to an end;
2. The right to request a review of the decision that the accommodation is suitable for the household;
3. The property’s suitability in relation to the above legislation and guidance; IV. Any other matters and issues that relate to the applicant’s particular circumstances and that of any other household members who might reasonably be expected to reside with the applicant.  
4. That the accommodation is affordable having fully considered the cost of the rent and other outgoings relating to the property, the household compared with the income available to the applicant with or without benefits and basic essentials such as food, heating and transport costs.

Applicants will be offered the opportunity to view the property and will be expected to attend any viewings made on their behalf, often at short notice.

Due to the limited supply of privately rented accommodation in the Wealden District, applicants may be offered accommodation outside of the District where the offer is considered suitable.

Non-attendance or refusal of arranged viewings and deliberate non-co-operation at viewings will be considered a refusal which would normally bring the Council’s prevention, relief or main duty to an end. 

Offers made under this policy are subject to statutory review under the Homelessness Reduction Act 2017.

Rehabilitation periods

1. Including suspended sentences, corrective training, detention in a young offender institution, and youth custody (abolished in 1988).
2. For people convicted before 3 February 1995.

The purpose of supported housing for older people is to provide residents with housing that includes on site housing support, to enable them to live independently, in their own home for as long as possible.

In Wealden there are two types of supported housing for older people. The main difference between them being the level and type of support provided:

• Retirement Living– for people who require low to medium level of support and/or care needs which do not exceed 14/15 hours of care per week. If their assessed care needs exceed 14/15 hours per week then retirement living will not be suitable.

Support will be provided to retirement living residents for ill-health, frailty, restricted mobility or early stages of dementia, as well as housing related issues such as help with completing forms including housing benefit, liaising with medical professionals etc. (see section on Non-personal care and housing Related and Support and Care needs).

Personal care and/or domestic support will not be provided by the Retirement Living Court Manager but care can be provided by Adult Social Care following assessment or brought in privately or provided by family and/or friends.

• Extra Care – for people who generally require medium to high levels of support and/or care which equate to on average a minimum of 14/15hours per week (although 11+ hours per week will be considered if their care and support needs cannot be met by a home care package and they have a housing need as well). Some applicants with very high needs may not be eligible but this is decided on a case by case basis. These care/support needs (whether personal care or support) have to be Adult Social Care assessed care needs and will be included within the clients care and support plan before Extra Care can be accessed.

In addition to personal care, a client may also have assessed support needs (as assessed by Adult Social Care and contained within the clients care and support plan) such as domestic or laundry calls (where they are assessed as not being able to carry out these tasks themselves or without support), or well-being checks (i.e. they are open to Adult Social Care Older people’s Mental Health Team and/or have dementia etc.).

Provision of Supported Housing for Older People

Retirement Living

In all Wealden Council owned and managed retirement living properties a 24-hour Lifeline link and a secure door entry system is provided, as well as a court management service. The Court Manager is able to provide housing-related support but those requiring personal care of under 14/15 hours a week (over 14/15 hours – extra care will be more suitable) or domestic support will need to either pay for this themselves, receive such assistance from family/friends or be assessed by Adult Social Care for eligibility for assistance.

Retirement living can be accessed by Wealden residents aged 60+ or those under this age for example if they have a physical disability and have been assessed as requiring both housing and support. Applicants for Retirement Living must be able to live independently and have care needs of less than 14/15 hours a week. Assessments of housing and support needs will be undertaken by the Council’s Housing Allocations team. Applicants may also be referred to other agencies, such as STEPs or Adult Social Care, as part of this assessment.

Retirement Living is located across the district, in flats and a very a small number of bungalows. Each Retirement Living complex has a range of different facilities and most can offer: a comfortable lounge for social events, art and crafts room and/or a library area, hairdressing, guest room, laundry room with modern washing machines and driers and communal gardens.

Extra Care

Extra Care properties are owned and managed by a Housing Association who are the Registered Landlords (there are some shared equity extra care flats). The rented flats are targeted at older people (aged 60+ varying on a scheme by scheme basis), however, working age Adults (55+) can be considered in exceptional circumstances on a case by case basis if their circumstances indicate that their care needs or housing situation does not sustain independent living.

Care services are provided onsite by a different provider. They administer both agreed care and support packages and provide help in an emergency.

There are two extra care schemes in the district, one in Uckfield and one in Hailsham. However, Wealden residents can access those in neighbouring authority areas if there are no vacancies in the district or their support network is located nearer to another scheme.

All extra care schemes include: fully wheelchair accessible housing, on-site scheme manager, access to 24 hour care and support delivered through an on-site care and support team, community alarm service and assistive technology.

Facilities can vary and may include: residents’ lounge, computer area, activities rooms, buggy store, assisted bathroom, guest suite, hairdressers/pamper suite, laundry facilities (some of these are also available for use by the local community), restaurant/cafe, open to the local community, providing a lunchtime meal.

Non-personal care and housing Related and Support

The types of non-personal care and housing-related supported provided in Retirement Living include: helping completing forms including applying for housing benefit, liaising with medical professionals and family as well as Adult Social Care with regards to personal care. Dealing with repairs and contractors. Facilitating social groups and onsite activities.

The Types of non-personal care and housing related and support in extra care include:

• Preparing food and drink.- Includes things like supporting you to make breakfast to help you maintain good health and dietary requirement
• Domestic tasks-Includes things like cleaning and tidying, laundry and ironing
• Shopping and errands -Shopping with you or for you
• Enabling and befriending – Helping you to get out and about to appointments, or to participate in social and leisure activities

These non-personal care tasks must be assessed by Adult Social Care and be included within a client’s care and support plan.

Care Needs

Retirement Living is unable to provide for any care needs, whether domestic support such as help with household tasks, e.g. shopping, washing and ironing, housework, meals on wheels etc. or personal care such as help with bathing, getting up or getting dressed.  However, residents can have care provided whilst living in retirement living either through personal funding, help with funding for personal care through Adult Social Care (subject to assessment and eligibility), by family or friends.  Those with care needs of up to 14/15 hours a week are eligible to apply for Retirement Living, however, suitability for this accommodation will be determined by Housing Options Team Leader, Housing Register and Lettings Team Leader and the Supported Housing Team Leader, having regard to Adult Social Care assessment or Continuing Health Care assessment.

Extra Care can provide a range of personal and domestic care and support generally ranging on average from 14/15 hours per week. Including assistance with  things like bathing and dressing to ensure your well-being and comfort throughout the day and night (scheduled care is delivered usually between the hours of 7am and 10pm, with one carer onsite at each scheme in between these hours for emergencies.

Other – extra care

Extra care in addition to all the above can provide to existing residents:

• Short-term care and support – If you’ve been ill or had a stay in hospital, help with personal care or practical support can help you get back to good health and full independence as soon as possible
• Sitting services and respite care – If you look after someone, sitting services and respite care can give you a break.

Applying for Supported Housing

Residents in need can approach either Wealden District Council or East Sussex County Council if they are unsure which type of supported housing they would be eligible for. Wealden District Council and Adult Social Care at East Sussex County Council work jointly around care needs to identify the most suitable placement for older people whether that be in retirement living or extra care housing.

If the applicant requires Council retirement living (or sheltered housing provided by a housing association in the district), applicants must complete an online housing application form. Subject to qualifying for housing in the Wealden district, they will be able to bid themselves for suitable properties or receive “assisted bidding” in which automatic bidding is put in place to bid on their behalf.

Applicants may not be offered Retirement Living if:

• They do not qualify to join the Council’s housing register
• They have care needs assessed by Adult Social Care of 14/15 hours or more per week.
• They are likely to put themselves, other residents or staff at risk of serious harm, injury, or cause serious anti-social behaviour which is evidenced by documented risk assessment from a relevant agency (e.g. Probation or mental health services), in which a medium to high risk or safeguarding concern is posed to staff or residents of Retirement Living.
• A member of their household who is neither their spouse/partner or registered carer and who does not in their own right, meet the eligibility criteria for retirement living.
• A housing needs assessment undertaken by Wealden District Council’s Housing Allocations team concludes that the property may not be a suitable offer in accordance with the Housing Act 1996 part VI and VII, associated Codes of Guidance and case law.
• Applicants assessed as having care needs of more than 14/15 hours of care per week. These cases will be referred to East Sussex County Council Adult Social Care for consideration for extra care housing or alternative appropriate housing.

Any decision relating to Retirement Living will be taken by a panel which includes the Supported Housing Team leader, Housing Options Team Leader and Housing Register and Lettings Team Leader.  This panel meeting will be documented and a written decision issued to the applicant by the panel.  Applicants have a right of review under the Council’s Allocations Policy and will be escalated to the Housing Management Team in the event of review. See appeals and reviews above.

Financial Considerations

Retirement Living

Subject to other eligibility criteria, older people wishing to a rent a retirement living property in Wealden will not be eligible if:

1. They have a combined gross household income of £30,500 per year or more or
2. Have savings or assets, in excess of £20,000

Exceptional circumstances will be considered on a case by case basis.

Where applicants do not qualify on financial grounds, they can apply (subject to eligibility and availability) for leasehold retirement living provided by Wealden District Council.

Extra Care

If as an individual or couple a household has over £100,000 in equity then they will not be eligible for any of the rental flats in any of the extra care schemes in East Sussex. They would, however be able to purchase any shared equity that were available (subject to their care and support needs). Access to shared equity flats is directly via the Registered Landlord. Applicants will not be eligible for extra care if:

• If any applicant/s/partner requires double-up carers at night time
• If the applicant/s/parent is an oxygen user and they cannot manage their own oxygen overnight

Services in Extra Care is chargeable and will be based on the outcome of a means tested financial assessment.

Any household requiring housing, subject to eligibility and financial circumstances can apply for housing benefit to help cover the rental costs of retirement living or extra care. However, both accommodation options are subject to service charges. Housing Benefit does cover some of these such as communal services and maintenance e.g. cleaning but will not help with the cost of the following:

1. fuel
2. water
3. meals
4. personal care and support.

However, subject to eligibility and a means tested financial assessment older households may be able to get financial assistance towards the costs of meals and personal care and support from Adult Social Care.

Step-up and step-down approach to supported housing for older people

People’s needs and circumstances change over time and as such:

• Those who move in retirement living but whose needs increase beyond the ability to be safely accommodated and may also exceed 14/15 hours of care will be referred to East Sussex County Council for assessment for extra care housing or alternative appropriate housing. This will be discussed with them and/or their family beforehand. Support to access extra care will be provided through the Council’s Housing Solutions Worker and Adult Social Care.
• Those who move into extra care due to medium/high level care/support needs but:

1. whose care/support needs decrease to below 14/15 hours per week, or
2. die and leave in the accommodation a spouse/partner/carer who does not need 14/15 hours of care/support per week

will be encouraged to move to retirement living (subject to eligibility and suitability) or general needs housing if they are under 60 and do not have any physical disability/ support needs. They will be supported to apply for housing through the council’s Housing Options team.

Through this step-up and step-down approach we can ensure that residents receive the correct level and type of support that they need and that our supported accommodation for older people in Wealden is put to best use.

These are the acts and guidance mentioned throughout this policy and considered when writing this policy and when making decisions and all cases.

• The Equality Act 2010
• The Human Rights Act 1998
• The Freedom of Information Act 2000
• The Localism Act 2011
• The Homelessness Reduction Act 2017
• Public Sector Equalities Duty
• The Domestic Abuse Act 2021

Equality and diversity

The Council is committed to ensuring equality and the promotion of diversity and will seek to ensure that applicants are not discriminated against on the basis of race, ethnic origin, culture, religion, gender, sexual orientation, age or disability. The Allocations Policy is subject to an Equality Impact Assessment and regular monitoring will be undertaken to ensure its fair implementation.

Providing false or misleading information

Section 171 of the 1996 Act makes it an offence to knowingly withhold information that this authority reasonably requires to assess an application, or to knowingly or recklessly provide false information.  The Council will take robust action against anyone who gains a tenancy in such circumstances.  This may result in a substantial fine and/or the loss of the home. 

General Data Protection Regulations

The Data Protection Act 1988 and General Data Protection Regulations (GDPR) are designed to protect personal data about living individuals (Data Subjects).  The Act also places obligations on those organisations that process personal data (Data Controllers). As a Data Controller, the Council and its partners on the Housing Register are committed to complying with this legislation by applying the Principles of the Act and GDPR.