Legally, under the ‘section 75(3) gateway’, homeless households with children and young people will qualify for the full housing duty even if the applicant became homeless intentionally.
An applicant is intentionally homeless if they deliberately did or didn’t do something they knew could lead to them becoming homeless.
The households included are:
- A person with whom a dependent child lives, or might reasonably be expected to live.
- A pregnant woman or person she lives with, or might reasonably be expected to live with.
- A person who was under 21 years of age when the homeless application was made, or a person with whom that young person lives with or might reasonably be expected to live with.
- A person between 21 and 24 years of age when the homeless application was made, who was looked after, accommodated or fostered while under 18 years of age, or a person with whom that young person lives with or might reasonably be expected to live with.
This means that applicants who fall in to any of the above four categories will be owed the section 75 duty, even if their current period of homelessness is intentional.
Exceptions – repeat intentionality within 5 years
We (Wrexham Council) apply the 'repeat intentionality' sanction.
This means an applicant will not be owed the full duty a second time if both of the following apply:
- We have decided to have regard to intentionality for a person in priority need
- We previously offered accommodation under the full section 75 duty, in the last five years, where the applicant was intentionally homeless and only qualified for the main duty because of the section 75(3) gateway.
Relevant legislation
Amendments to the 2015 regulations also mean that an 11th category of applicant that can now be in Priority Need includes “a person sleeping rough” and that intentionality can be applied to this category.
This public notice is confirmation that we (Wrexham County Borough Council) do apply intentional homelessness to this 11th category under our duty.
Relevant legislation
More information
If you need more information about this you can talk to a Housing Options Officer or, for independent advice you can contact Shelter Cymru (external link).