Housing allocations policy - Applicants who need to move on hardship grounds

Circumstances when reasonable preference will be awarded

 All households who qualify under ‘hardship grounds’ will be placed into Priority Band C. The categories of people who will be awarded reasonable preference on the grounds of hardship are: 

• a) Employment Hardship - applicants who need to move for employment purposes (see Note A below) 
• b) Support Hardship - applicants who need to move to be near relatives to give or receive support (see Note B below) 
• c) Medical Need Hardship - applicants who need to move to access medical treatment/social service facilities (see Note C below) 
• d) Right to Move - applicants who have a right to move under the Government’s Right to Move Regulations (2015). (see Note D below). 

Note A) Employment hardship

 Applicants will need to show that they need to move to take up or continue an employment opportunity not available elsewhere. They will only be considered where travel time would be more than 90 minutes each way and they do not have their own transport. The factors considered to determine a need to move on the grounds of employment hardship will be those set out in Note D below. 

Note B) Support hardship

Applicants will need to evidence that they require substantial and on-going support from relatives or friends or it is essential that they give substantial and on-going support to relatives or friends. This will only be considered where there is a severe mental health, medical or welfare issue and there are reasons why this support cannot be achieved or maintained through reliance on public transport or the applicant’s own transport. Examples of the information required in order to assess this priority include:

• confirmation of name and address of the person who is to provide the care and the person who is to receive care
• evidence of their care requirements (Doctor, Social Services) 
• benefits relating to any disability or care, e.g. Disability Living Allowance, Personal Independence Payment (PIP) information 

Note C) Need to move to access medical treatment/social service facilities 

Applicants will need to evidence that they have a need to access medical care and/or social services facilities that cannot realistically be met through reliance 25 on public transport, the applicant’s own transport, or through provision put in place by health or social services. The Council will factor in the following:

• confirmation of name and address of the medical or social provision to which they need access
• evidence of their care requirements (e.g. doctor, Social Services) 
• evidence that no other provision is available, and no assistance can be provided to enable them to access the service 
• a determination by the Council that the need to access the medical treatment/social services facilities is essential 

Note D) Right To Move – hardship cases

To meet the Allocation of Housing Qualification Criteria for the Right to Move (England Regulations 2015), a local connection criterion may not be applied to existing social tenants seeking to transfer from another local authority district in England who: 

• have reasonable preference under Section 166(3)(e) because of a need to move to the Local Authority’s district to avoid hardship, and
• need to move because the tenant works in the district, or needs to move to take up an offer of work 

Applicants must need to move, not simply want to move. Factors to consider in determining ‘need’ are:

• the distance and/or time taken to travel between home and work. In this instance a need to move would be established where it would take the applicant more than 90 minutes each way and they do not have their own transport.
• availability and affordability of transport as against earnings. In this instance the affordability test will be determined by the Housing and Welfare Team. 
• nature of the work and whether similar opportunities are available nearer home. 
• other personal factors, for instance medical conditions, childcare 
• length of work contract. 
• testing as to whether failure to move would mean a lost opportunity to improve employment circumstances or prospects?

For the purposes of this section of the policy, the term ‘work’ will only apply to longterm employment and not employment that is ‘marginal’ by nature. In this context the Council will consider:

• a contract of less than 12 months to be short-term
• a contract of less than 16 hours per week to be marginal 
• the level of earnings 
• whether the work is regular or intermittent (particularly relevant for the selfemployed). 

The tenant must be able demonstrate that he/she has a genuine job offer and that he/she has a genuine intention to take it up. Appropriate evidence could include: 

• a formal offer letter
• a contract of employment
• wage/salary slips covering a certain period, or bank statements (zero hour contracts)
• tax and benefits information, for example proof of receipt of working tax credit

Circumstances when additional preference (Band A) will be awarded 

There are no additional preference criteria for this category.