Individual needs: special housing requirements operational guidelines Effective date: 9 February 2015 Contents When do these operational guidelines apply? .............................................................................................................. 1 Human rights considerations ........................................................................................................................................ 1 Overview ....................................................................................................................................................................... 1 Operating principles: special housing requirements ..................................................................................................... 2 Applying for special housing requirements ................................................................................................................... 2 Approving special housing requirements ...................................................................................................................... 2 Qualifying conditions for medical cooling ..................................................................................................................... 3 Treating health practitioners ......................................................................................................................................... 4 Additional supports for tenants during periods of extreme temperatures ..................................................................... 4 Supporting documentation ............................................................................................................................................ 4 When do these operational guidelines apply? These operational guidelines apply to public housing applicants or current tenants (including a household member) who have a special housing requirement due to a medical condition or disability. Human rights considerations In deciding what action to take, staff will consider the potential impact of proposed action taken through these operational guidelines on the person’s (and their household’s) rights under the Charter of Human Rights and Responsibilities (2006). Any person taking action in line with these operational guidelines must: understand the objective and rationale of the actions they are taking under these operational guidelines consider the impact of proposed action on the person’s Charter rights consider whether the proposed impact is balanced and proportionate and necessary to achieve that objective, and choose the least restrictive measures available. Overview Requests to address a special housing requirement due to a medical condition or disability are made on the Application for special housing requirements (SHR) form, submitted to the local office. Local office staff review the completed SHR form and supporting documentation provided by the treating health practitioner, who is registered under the Health Practitioner Regulation National Law Act 2009 (VIC) to practise in a health profession other than as a student. The decision to approve a request for special housing requirements is based on demonstrated need as a result of the specific medical condition or disability. Approvals for property modifications will require the specific medical condition or disability to be of an ongoing nature, or likely to deteriorate over time. Special housing requirements include: housing in a particular area or location to access ongoing specialist treatment, care or education housing of a particular type such as properties without stairs or low density housing due to limited mobility or a medical or mental health condition installation of minor modifications such as grab rails or lever taps. Where access or minor modification works are required, these can generally be made to any dwelling, irrespective of the property’s suitability for major modifications installation of major modifications such as internal fire safety sprinkler systems, medical cooling including air conditioning and full modifications such as fully modified properties that are wheelchair accessible an additional bedroom due to a specific medical condition. If the public housing applicant, tenant or household member’s condition is such that major modifications are required now, or further modifications are likely in the future, consideration should be given to the long term suitability of the property for such modifications. Operating principles: special housing requirements The Department is committed to: responding to individual need and where possible, providing appropriate modifications to public housing properties to meet special housing requirements ensuring fair and transparent decision making, based on demonstrated need, in relation to allocation of properties for special housing needs or undertaking major or full modification of public housing properties maximising the effective use of public monies for any modifications to address special housing requirements Applying for special housing requirements Requests for special housing requirements must be made in writing via completion of the SHR form. New housing applicants must submit the completed SHR form to their local office. If approved, the local office will update the housing application to reflect the specific requirements. For current tenants, a completed SHR form is also required to be submitted to the local office. If the requests for special housing requirements is approved and there are access or minor modifications required, these can generally be made to any dwelling, irrespective of its suitability for major modifications. If however, the tenant or household member’s condition is such that major modifications are required now, or further modifications are likely in the future, consideration should be given to the long term suitability of the property for such modifications. For properties that cannot accommodate major and necessary property modifications, an early housing transfer may be considered. Early housing transfer applicants need to satisfy all public housing eligibility requirements. Approving special housing requirements Local office staff considering a request for special housing requirements need to ensure the request is based on demonstrated need related to the person’s medical condition or disability. Demonstrated need is assessed via the completed SHR form with supporting documentation provided by the treating health practitioner. Approval of a special housing requirement, other than for medical cooling, is made by the Team Manager. Approval of a special housing requirement request for medical cooling can only be made by the Tenancy and Property Manager or equivalent (see next section). Individual needs: special housing requirements operational guidelines 2 Requests for a specific location due to a specific medical condition or disability must include evidence of one of the following: there are specific medical facilities or support provided in, or in the proximity of the nominated area which are required on an ongoing basis care provided by family members, or in some circumstances by family friends, for the person with the medical condition or disability and there is a requirement for co-location specialised education is only available in, or in the proximity of the nominated location. Where a request for special housing requirements due to a specific medical condition or disability relates to a request for a specific type of property, these property changes must be required on an ongoing basis and must be also supported by evidence relating to one or more of the following: access requirements such as a need for a ground floor property as it relates to the person with the medical condition or disability, or the particular minor modifications required for the person’s medical condition or disability, or requests for an extra or separate bedroom requires confirmation from the treating health practitioner of the medical condition or disability and the need for this requirement. Qualifying conditions for medical cooling Under the Residential Tenancies Act 1997, the Director of Housing as a landlord is not required to provide medical cooling, including air conditioners. However, in certain circumstances, medical cooling may be approved for a specific medical condition or disability that requires a stable room temperature to be maintained. For such cases to be considered, evidence is required of both the medical condition or disability and the requirement to maintain stable room temperature control. Evidence of these must be provided by the treating health practitioner as part of the SHR for consideration and/or approval of any medical cooling. Medical cooling, including air conditioning, can only be provided for a maximum of two rooms, those most utilised by the affected public housing applicant, tenant or household member. Ceiling fans are not provided in public housing properties due to structural limitations and potential hazards. The qualifying conditions for the provision of medical cooling are: Parkinson’s Disease Lymphoedema Multiple Sclerosis Fibromyalgia Systematic Lupus Erythemastosus Motor Neurone Disease Quadriplegia Scleroderma Muscular Dystrophy Poliomyelitis or Post Poliomyelitis Syndrome Please note that people with a qualifying condition may also be eligible for a Victorian Medical Cooling Concession. The below medical conditions or disabilities may also be considered: Chronic Obstructive Pulmonary Disease Heart Condition (severe) Cerebral Palsy Chronic Fatigue Syndrome otherwise known as Myalgic Encephalomyelitis Individual needs: special housing requirements operational guidelines 3 Stroke otherwise known as Cerebro Vascular Accident Emphysema (severe) Epilepsy (uncontrolled) Cystic Fibrosis Cancer (major organ) Renal failure otherwise known as Kidney failure Myasthenia Gravis Other (where details are provided) Treating health practitioners Treating health practitioner refers to health practitioners registered under the Health Practitioner Regulation National Law 2009 (VIC) other than as a student, for any of the following professions: Aboriginal and Torres Strait Islander health practice Chinese medicine chiropractic dental medical medical radiation practice nursing and midwifery occupational therapy optometry osteopathy pharmacy physiotherapy podiatry psychology The treating health practitioner must be treating the public housing applicant, tenant or household member and registered with a recognised specialty in the treatment of the relevant medical condition or disability. The treating health practitioner is required to provide specific details of the relevant medical condition or disability of the public housing applicant, tenant or household member and must also demonstrate that this specific medical condition or disability requires special housing requirements. Additional supports for tenants during periods of extreme temperatures Support is provided to tenants and household members during periods of extreme temperatures through the implementation of the Cooler Places program on declared Heat Health Alert days, and the operation of the Keeping in Touch Program for tenants aged over 75 years of age and living alone. In addition, tenants can install air conditioning at their own expense after obtaining permission from the local office. Supporting documentation Application for special housing requirements form. Individual needs: special housing requirements operational guidelines 4 To receive this publication in an accessible format, contact your local office using the National Relay Service 13 36 77 if required. Authorised and published by the Victorian Government, 1 Treasury Place, Melbourne. © State of Victoria, Department of Health and Human Services February, 2015. Available at http://www.dhs.vic.gov.au/for-service-providers/housing-and-homelessness/public-housing/publichousing-policy-and-procedure-manuals Individual needs: special housing requirements operational guidelines 5
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