Homelessness and your rights

Last Updated: 23.12.2010

You don't have to be living on the street to be homeless. If you are sleeping on a friend's sofa, staying in a hostel, or living in overcrowded or unsuitable accommodation you could be classified as legally homeless.

Homeless people still have rights. You may have rights to get help from the council's housing and social work departments. In addition, you will not lose your rights to claim benefits, access medical help, or vote, if you become homeless.

Local Authority housing department

Local councils have specific legal duties to provide help to people who are homeless or threatened with homelessness.

You will qualify for permanent accommodation if you are 'eligible', in priority need, have a local connection and are not intentionally homeless. If you are homeless but do not meet the other criteria (priority need/intentionality/local connection), then you are entitled to temporary accommodation, advice and assistance from the local authority while you secure your own accommodation.

Local social work services also have a responsibility for some homeless people. They have a duty to provide accommodation for children and young people over 16 who are leaving care or who are in need for other reasons.

You will be considered to be in 'priority need' for housing if you are homeless and:

• You are pregnant, or normally live with someone who is pregnant
• You have children under 16, or under 19 if they are in full-time education who normally live with you, even if they are not living with you at the moment because of your circumstances. This includes step-children or foster children
• You are homeless because of an emergency such as a flood or fire
• You are aged 16 or 17
• You are 18 to 20 years old, and your accommodation at the moment poses a threat to your safety or well-being (for example, serious misuse of drugs and/or alcohol, or sexual incidents that you are not comfortable with)
• You are 18 to 20 years old and were previously in care up until you finished school
• You are experiencing domestic abuse (which includes any behaviour that makes you afraid or distressed – it does not need to include actual violence)
• You are experiencing abuse because of your colour, race, religion, ethnic origin or sexual preference.

You may also be in priority need if you fall into one of the following groups. In some cases you may have to show that your situation has made you vulnerable:

• You are homeless after leaving hospital, prison or the armed forces
• You are in old age
• You suffer from mental ill-health
• You suffer from a personality disorder
• You have a physical disability
• You suffer from serious ill-health
• You have a learning disability
• You have experienced a disaster or emergency in your previous accommodation, for example a flood or fire
• You have recently suffered a miscarriage or abortion.

Accommodation

In this section you will find information about homelessness and accommodation.

Local authority accommodation

If you make a homeless application to the council, it has a duty to provide you with temporary accommodation while it investigates your circumstances and decides if it has a duty to offer you permanent accommodation. They must provide you with temporary accommodation until you secure this accommodation. If you are legally homeless, then the local authority must provide you with permanent accommodation. Sometimes, you will be offered temporary accommodation until permanent accommodation becomes available.

Housing associations and Registered Social Landlords (RSLs)

Most RSL's (e.g. housing associations) have a housing register or waiting list of people who have applied to rent their accommodation. If you are homeless, you can apply directly to a housing association for accommodation.

Priorities for accommodation are normally made under the following headings:

• Poor health made worse by housing conditions.
• Lack of bathroom or toilet.
• Inadequate number of bedrooms for size of family.
• Length of time you have lived in the area.
• Age.
• Length of time on waiting list.
• Homelessness.

Once accepted onto their waiting list you may have a long time before you are offered accommodation. However, in Scotland your local authority can make what is called a 'Section 5' referral, which means that it can instruct a local RSL/Housing association to provide accommodation for people who are homeless and meet the usual criteria).

Claiming benefits and being homeless

If you are homeless you are still entitled to claim benefits. If your benefits are paid directly into your bank or post office account, this will continue. If not, you may be able to collect benefit cheques from your nearest DWP (Department for Work and Pensions) or Jobcentre Plus office. Contact your local office to arrange this.

If you are claiming benefits for the first time and you do not have a bank account, you may be able to open an account with the Post Office if you have a forwarding address or an address 'care of' a friend, relative or day centre. If you do not have an address, you should be able to arrange to collect a cheque from your nearest DWP or Jobcentre Plus office.

If you are in a crisis situation, you may also be able to apply for a crisis loan to cover emergency expenses, although you will have to pay this loan back. Whether or not loans are given depends on your situation and the amount of money in the DWP budget.

Your rights to medical attention

If you are homeless, you are still entitled to register with a doctor. You can do so using a temporary address, such as a friend's place or a day centre.

There are also specialist medical centres for people who are homeless or roofless (sleeping rough).

Voting rights

If you are over 18 and a UK citizen you are entitled to vote even if you are homeless. Instead of registering at a permanent address, you can register at a temporary address. You can also register your local electoral office as your address and collect your polling card from the office. You can do this at any time but you must update it every year.

Advice on housing problems and homelessness

If you need help or advice about homelessness or have any problems or issues with housing contact a North Ayrshire Citizens Advice Bureau and speak to one of our Advisers. You can find our contact details at the bottom of the page, our hours of business can be found on our opening hours page, alternatively, you can email us via our contact us page.