When MSD cannot pay an Emergency Housing Grant
There are situations when MSD cannot pay an Emergency Housing Grant and the grant must be declined.
An Emergency Housing Grant will not be granted if the client:
- does not meet the qualifications for a grant or
- has refused to provide supporting evidence required to MSD to determine whether they qualify for a grant or
- has a non-entitlement period of 13 weeks for emergency housing and limited circumstances do not apply or
- is applying for an Emergency Housing Grant, and has included their partner who is on a non-entitlement period for emergency housing in the emergency housing accommodation or
- has their main benefit sanctioned for failing to meet their benefit obligations or
- is applying for assistance when they have moved out of social housing at short notice due to housing provider business reasons or
- the client is applying for an emergency housing option MSD can’t pay for because it is:
- a not opted-in supplier and an exception does not apply or
- not adequate for the needs of the client, their partner, and dependent children (if any) or
- not a reasonable cost
The Emergency Housing Grant will not be granted (unless limited circumstances apply) when the client is:
- on an initial stand-down or
- on a benefit non-entitlement period or
- in the process of their benefit application or
- completing pre-benefit activities as part of their application for a benefit
and
- they qualify for, and have not yet received their maximum entitlement to, one of the following Special Needs Grants:
Does not meet the qualifications for a grant
This includes when the client does not have an 'immediate emergency housing need' if they have access to other accommodation adequate for the needs of the client, their partner and dependent children (if any) in the short-term, including transitional housing.
Client's main benefit is reduced or suspended for a failure to meet an obligation
A client does not qualify for an Emergency Housing Grant if their main benefit is suspended or reduced under a sanction for failing to meet their obligations.
They will need to get their full benefit rate reinstated before MSD can grant an Emergency Housing Grant.
MSD must explain to the client what they need to do to get their full benefit rate reinstated.
This includes explaining recompliance if they have a 13 week non-entitlement period, so they can get a provisional benefit.
Client has a non-financial sanction imposed for a failure to meet an obligation
Clients who have a non-financial sanction imposed will need to complete their non-financial sanction period and recomply with their obligations before MSD can grant an Emergency Housing Grant.
MSD must explain to the client what they need to do to recomply. The recompliance requirements for each non-financial sanction are different. For more information see:
Cannot be used to fund social housing tenants for a business-initiated transfer
If a social housing tenant must move out at short notice due to housing provider business reasons, MSD cannot pay an Emergency Housing Grant.
The social housing provider is responsible for helping the client find other accommodation.
Client is on an initial stand-down, benefit non-entitlement period, in the process of their benefit application or completing pre-benefit activities
The client may qualify for an Emergency Housing Grant, if they have received their maximum entitlement to:
- Assistance during an initial stand-down and/or benefit application process
- Assistance during non-entitlement periods
- Assistance when client is on strike
In these cases, clients must also meet the following criteria to qualify for an Emergency Housing Grant. The client or their dependent child/ren must:
- be experiencing an unforeseen crisis situation that is beyond the applicant’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
Note although these are the same criteria for assessing limited circumstances, this doesn’t mean the client is on a non-entitlement period for emergency housing. However in these cases, the emergency housing responsibilities will apply from the client’s 8th night in emergency housing.
For more information see:
- Qualifications for emergency housing
- Immediate emergency housing need
- Emergency housing supplier standards
- Adequacy of other accommodation and emergency housing
- Actual and reasonable costs covered for emergency housing
- Payment
- 13 week non-entitlement period for emergency housing
- When MSD can decline an Emergency Housing Grant
- Assistance during non-entitlement periods
- Assistance during an initial stand down and/or benefit application process
- Effect of sanctions on assistance
- Non-financial sanctions
- Recompliance (13 week non-entitlement period)
Legislation
- Payment of grants clause 7 Emergency Housing Grants Programme
- Principles to be applied in exercise of discretion clause 13 Emergency Housing Grants Programme
- Universal Entrance Criteria clause 9 Emergency Housing Grants Programme
- Ineligibility for emergency housing grants clause 16 Emergency Housing Grants Programme
- Non-entitlement periods clause 20 Emergency Housing Grants Programme
- Sanctions for failure to comply with certain obligations under this Act section 232 Social Security Act 2018
- Sanction for first failure: reduction in main benefit section 236 Social Security Act 2018
- Sanction for second failure: suspension of main benefit section 237 Social Security Act 2018
- Reduction or suspension of reduced benefit section 238 Social Security Act 2018
