Forum Home → Discussion → Other areas of social welfare law → Thread
EEA National in Temp Acc loses RtR (Scotland)
Hello I wonder if you can help me on a point of homelessness legislation crossing over with RtR…
what is the position for a client who is assessed as unintentionally homeless in a Scottish LA and has a RtR at the point of assessment (jobseeker for ex) but subsequently loses the RtR (fails GPOW) whilst still in temp. What is the duty of the LA then? do they need to rehouse the person eventually to discharge their duty because client had a RtR at the time of assessment or do they not as they no longer have a RtR?
in any case client is accumulating arrears all along because of no entitlement to HB…
this seems to be a big issue…
thank you
Housing rights is not our thing but you might want to have a look at Tom Royston’s presentation from our GPoW seminars: http://cpag.org.uk/content/genuine-prospect-work-seminar. Tom is talking about the situation in England but expect some of it would equally apply in Scotland. Also just generally useful to look at all the potential challenges there are to the GPoW (we’ve a test case or two coming up), so might want a LA to stay any decision pending outcome of any MRs/appeals against a GPoW decision
The situation in England would be clear .....
The local housing authority shall cease to be subject to the duty under this section if the applicant—.
(a)ceases to be eligible for assistance,
Scotland has its own legislation. Your best bet would be Shelter Scotland