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What Is Homelessness

The official definition of homelessness used in Northern Ireland is found in Part II, clause 4 of the Housing (NI) Order 1988.   This states:

4 (1)     A person is homeless if he has no accommodation in Northern Ireland.

4 (2)     A person shall be treated as having no accommodation if there is no accommodation which he, together with any other person who normally resides with him as a member of his family or in circumstances in which it is reasonable for that person to reside with him.

The Northern Ireland Housing Executive is responsible for implementing homeless legislation.  People who seek help from the Housing Executive because they are 'homeless' are assessed according to 3 criteria:

  1.  Homelessness/threatened with homelessness
  2.  Priority need
  3.  Intentionality

The NI Housing Executive has the legal responsibility for assessing homeless applications.    Simon Community accept and accommodate individuals who do and do not meet all of the criteria laid out in the official definition.  In many ways we provide a safety net for those individuals who may otherwise have no alternative support.

The Housing (NI) Order 2003, which was introduced in April 2004, incorporates a number of amendments in relation to homelessness. 

  1. The definition of homelessness has been extended to include, no accommodation 'available for his occupation in the UK or elsewhere'.
  2. An additional test of eligibility for assistance has been added which determines whether someone is eligible for accommodation under the homelessness legislation.
  3. The 2003 Order introduces a second intentionality test.  A person will be intentionally homeless if the Housing Executive is satisfied that:

    • the applicant has entered into an arrangement whereby s/he is required to leave the accommodation which it would have been reasonable for the applicant to have continued to occupy; and
    • the purpose of the arrangement is to enable the applicant to become entitled to assistance as a homeless person; and
    • there is no other good reason why s/he is homeless or threatened with homelessness.

  4. The emergency grants schemes which help towards the rehousing costs of tenants forced to leave their accommodation because of sectarian/ paramilitary intimidation have become statutory.  It will also include those forced out as a result of racial violence and intimidation.

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