Homelessness eligibility rules can be complex, particularly when a person is living in a 'mixed household' where members have different types of immigration status, as this can affect what assistance the eligible person is entitled to. In such cases, specialist housing advice may need to be obtained.
When a person who is eligible for homelessness assistance has ineligible family members within the household who have no recourse to public funds, and therefore do not qualify for assistance, the applicant’s immigration status will determine whether their dependent family members can be considered by the local authority in any homelessness application.
If the main applicant is a British or Irish citizen, then the local authority must consider the needs of all family members in the household, including any ineligible persons, when considering a homelessness application.
When the main applicant has ineligible persons within their household, they may be able to rely on a priority need from their ineligible family members. Ineligible persons are referred to as ‘restricted persons’ in this context.
In such cases, a council can end its housing duty through an offer of private rental accommodation and cannot give the applicant preference in its allocation of social housing. See Shelter for more information.
Family members with leave to remain and NRPF should also seek immigration advice if the accommodation provided to the family is larger than would be required for the main applicant and any eligible family members due to the presence of ineligible family members, as this as this could constitute a breach of their immigration conditions. Find immigration advice.
If the main applicant is an eligible person who is not a British or Irish citizen, such as a person with indefinite leave to remain, any ineligible persons within the household will not be considered in a homelessness application, and the main applicant would not be able to rely on their ineligible family members to obtain priority need. In such cases, the housing authority will only be able to accept a homelessness application from the main application and any eligible dependents. See our webpage on eligibility for homelessness assistance.
For more information, see the Home Office guidance: Public Funds.
