Limited circumstances during non-entitlement for emergency housing

When a client is on a 13 week non-entitlement period for emergency housing, they cannot get an emergency housing grant unless they (or their dependent child) meet the limited circumstances criteria.

To get an Emergency Housing Grant during the 13 week non-entitlement period, the client must:

• meet the qualifications for an emergency housing grant and
  • meet the criteria for limited circumstances or
  • have a dependent child staying with them in emergency housing that meets the criteria for limited circumstances

If the client or their dependent child meets the criteria for limited circumstances, the clients non-entitlement period for emergency housing will be paused.

Only the client and their dependent child can be assessed for limited circumstances.

To qualify for an Emergency Housing Grant during a non-entitlement period, the client, or their dependent children (if any) must meet all three of the following criteria:

• be experiencing an unforeseen crisis situation that is beyond the client’s control and
• be at risk of harm or likely to be at risk of harm within the next 7 days (current or near-term harm) and
• have 2 or more risk factors

The client or their dependent child must meet all 3 criteria for limited circumstances to apply.

Note the client must also meet the emergency housing qualifications.

If the Emergency Housing Grant is granted under limited circumstances, the emergency housing responsibilities do not apply. However, the client must still pay their Emergency Housing Contribution.

A crisis situation is a period of time where a client or their dependent child (if any), is experiencing a higher level of need than usual due to an unforeseen event outside of the client’s control.

Examples of when the client or their dependent child could be considered to be experiencing a crisis situation include if:

• they are escaping an unsafe environment, or a serious crime or incident has occurred or
• the client is in a financial crisis where and an event has worsened the clients situation or
• the client or their dependent child suffers a serious medical event or injury

The client or their dependent child/ren is considered to be at risk of current or near-term harm when:

• a negative outcome is occurring or
• there is a possibility of a negative outcome occurring within the next 7 nights

Generally, the client or their dependent child must have two risk factors.

However, depending on the seriousness of a risk factor, MSD can determine the client meets the criteria for limited circumstances if there are at least two risk factors shared between the client and their dependent children (if any).

Risk factors could include where the client or their dependent child:

• is at risk of causing harm to themselves or others
• has a terminal illness (e.g., kidney failure)
• has a serious health condition, injury or disability that meets the definition of restricted work capacity or total blindness, or similar medical certificate (whether or not they receive assistance on this basis)
• is receiving Supported Living Payment because they are caring for a dependent child, who requires full-time care and attention at home
• the client qualifies for Child Disability Allowance for their child
• the client is the principal caregiver of a child 12 months or younger
• the child has been, or is in, the care or custody of Oranga Tamariki
• the client or their dependent child has become unwell during their non-entitlement period for emergency housing due to being homeless
• the client or the dependent child are escaping an unsafe environment

When a client is on a 13 week non-entitlement period and applies for an Emergency Housing Grant, only the client, or their dependent child (if any), may be assessed for limited circumstances.

If the clients partner (if any) is experiencing a situation similar to the limited circumstances criteria, their circumstances cannot be considered when assessing the client for limited circumstances. 

However, if the limited circumstances criteria is met and the client qualifies for an Emergency Housing Grant, their partner may still be included in their Emergency Housing Grant. 

If the client (or their dependent child) does not meet the criteria for limited circumstances, the Emergency Housing Grant must be declined and the client will remain on their non-entitlement period.

In this case, the partner can still apply for an Emergency Housing Grant in their own right (with the dependent child). However, the client cannot enter Emergency Housing under the partner’s application.