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The Housing Executive will consider you in priority need if you are particularly vulnerable. If you are homeless, eligible for assistance and the Housing Executive thinks you may be in priority need you can get temporary accommodation while it completes the investigation.
The Housing Executive must send you a decision letter on your homeless application within 30 days. The letter must explain the reasons for the Housing Executive's decision on your homeless application.
If the decision is negative, the letter must include a reason or reasons why the Housing Executive has decided you are not in priority need.
If the Housing Executive's letter says you aren't in priority need you can challenge the decision. You can also stay in temporary accommodation while you are waiting for the Housing Executive to review the decision.
When am I in priority need?
Six categories of people can claim priority need. The categories also apply to anyone that the applicant usually lives with unless that person is not eligible for assistance. The categories of priority need are:
- pregnant women,
- people with dependent children,
- people made homeless by a natural disaster, such as fire,
- young people between 16 and 21 who are at risk of sexual or financial exploitation,
- people at risk of violence,
- other people who are vulnerable because of old age, illness, mental health problems or physical disability.
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Pregnant women
Any length of pregnancy qualifies as priority need. The Housing Executive usually requires a letter from a doctor or midwife confirming the pregnancy. If a pregnancy ends in miscarriage or is terminated during the Housing Executive's assessment process, you might be considered in priority need if you can show priority need under one of the other categories.
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People with dependent children
You will be in priority need if one or more dependent children live with you, or would normally live with you, but can't because of a lack of suitable accommodation. Dependent children are:
- children aged under 16,
- children aged under 19 if still in full time education or on a government training scheme.
Dependent children do not have to be your children. They can also be your grandchildren or your foster children.
If your children only live with you for a part of the time the rules on priority need can be complicated. You should tell the Housing Executive your normal arrangements for looking after the children.
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People made homeless by a natural disaster
The Housing Executive will consider you in priority need if an emergency such as a fire or a flood causes your homelessness. A landlord evicting you is not considered an emergency by the Housing Executive.
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Young people at risk of sexual or financial exploitation
The Housing Executive will consider you in priority need if you are between 16 and 21 and can prove that you may be at risk of sexual or financial exploitation if you don't get help from the Housing Executive. The risk to your safety does not have to come from within your household.
If you think you are at risk you should get advice as soon as possible. An adviser may be able to help you explain to the Housing Executive why you are in priority need.
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People at risk of violence
The Housing Executive will accept you as being in priority need if:
- you have been subject to violence or intimidation,
- you will be at risk of further violence or intimidation if you return to your accommodation.
This covers domestic violence, racial or sectarian intimidation and children leaving home because of violence. The Housing Executive may look for information from the police, social services, or other agencies.
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Other vulnerable people
When deciding if you are in priority need, the Housing Executive will look at all your personal circumstances. The Housing Executive should consider:
- how difficult it is for you to find accommodation,
- how difficult it is for you to keep accommodation,
- if you can you fend for yourself while homeless.
The Housing Executive may consider you in priority need if:
- you are older - if you are aged 60 or over the Housing Executive will consider your individual circumstances to determine if you are vulnerable as a result of old age;
- you are registered disabled;
- you have mental health issues and have left an institution in the last three months;
- there is any other special reason.
The Housing Executive may also consider you in priority need if there is a special reason that makes you vulnerable, such as:
- you need support but have no family or friends on whom you can depend,
- you have a chronic illness,
- you are a young person under 21,
- you are a former asylum seeker,
- you were a patient in a psychiatric hospital,
- you were a prisoner,
- you have a drug addiction or are alcohol dependent, or both.
If you think you are in priority need you should tell the Housing Executive about any personal circumstances that make it difficult for you to deal with your housing situation. The  'Priority Need checklist' may help to ensure you have told the Housing Executive about all relevant personal circumstances.
Keep copies of all relevant documents. Advice agencies will usually ask for documents when you are looking for advice.
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What will the Housing Executive do if they decide I'm in priority need?
If the Housing Executive decides that you are in priority need it must continue their enquiries to check if you are intentionally homeless. You are entitled to temporary accommodation until the Housing Executive completes its enquiries. You can be asked to leave if you break the rules of the accommodation, although you may have a right to temporary accommodation until the enquiries are complete.
As well as having a duty to provide you with temporary accommodation the Housing Executive can pay a taxi to transport you from their office to the temporary accommodation. The Housing Executive may also arrange to store your property if you have nowhere to keep it. The Housing Executive won't charge you for the transport or storage of your belongings.
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What happens if the Housing Executive decides I'm not in priority need?
If the Housing Executive decides that you are not in priority need they must:
- write to you with their decision,
- offer you advice on finding new accommodation.
The letter must explain the reasons why the Housing Executive thinks you are not in priority need. You can still apply for permanent accommodation from the Housing Executive using the Selection Scheme although it will usually take longer if you have not met all the homelessness tests.
The Housing Executive has a legal duty to provide advice on homelessness and its prevention to anyone in Northern Ireland who asks for it.
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Can I challenge the Housing Executive's decision?
If the Housing Executive decides that you are not in priority need on or after 1 December 2010 you have a statutory right to have this decision reviewed. If the review is unsuccesful you may also be able to have your case heard on appeal by a County Court.
The new system for challenging homelessness decisions is quite complex. It is important that you seek advice from a specialist agency, such as Housing Rights Service, before proceeding with this option. There are strict legal time limits in place so, if you want to challenge the decision, you should get advice immediately.
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