Social Housing Provider Operational Guidelines for Community Housing Providers Release date: Social Housing Provider Operational Guidelines for Community Housing Providers February 2017 Contents Introduction ................................................................................... 1 Community Housing Provider Operational Guidelines ........................ 1 Reviewing the Guidelines .............................................................. 1 Definitions .................................................................................. 1 Aim of social housing ....................................................................... 2 Social Housing Reform Programme ................................................ 2 Your roles and responsibilities ......................................................... 3 Business Online Services .................................................................. 3 Compliance .................................................................................... 4 Expectations of the social housing provider ..................................... 4 Compliance requirements: Ministry of Social Development ................ 4 Market rent setting ...................................................................... 4 Statement of Satisfactory Tenancy ................................................ 4 Information sharing ..................................................................... 4 Access to information ................................................................... 5 When client information is recorded incorrectly ............................... 5 Referral information ..................................................................... 5 Storage and security of information ............................................... 5 Disposing of information ............................................................... 6 Compliance requirements: Ministry of Business, Innovation and Employment ................................................................................................. 6 Community Housing Regulatory Authority....................................... 6 Residential Tenancies Act 1986 ..................................................... 6 Working with the Ministry of Social Development ............................... 7 Social Housing National Contracts .................................................. 7 Centralised Unit Housing .............................................................. 7 Continuity Plans.............................................................................. 8 Ministry business continuity plan ................................................... 8 Provider business continuity plan ................................................... 8 Business Online Services .................................................................. 8 RealMe login ............................................................................... 9 Setting up providers and users in Business Online Services ............... 9 System time out ........................................................................ 10 Creating a vacancy ..........................................................................11 Approving the market rent rate ................................................... 11 Social Housing Provider Operational Guidelines for Community Housing Providers Market rent rate is declined ........................................................ 11 Vacancy Approved ..................................................................... 11 Shortlisted Applicants ....................................................................12 Risk information provided by the Ministry ..................................... 12 Child sex offenders .................................................................... 13 Child Sex Offender Matched to a Property ..................................... 13 Providing Risk Information to the Ministry ..................................... 13 Making a property offer ..................................................................13 Contacting the client .................................................................. 13 Agents and advocates ................................................................ 14 Timeframe for client to make their decision ................................... 14 Outcome of property offer .......................................................... 14 Financial assistance required....................................................... 15 Client declines property offer ...................................................... 15 Property offer is withdrawn ......................................................... 15 Financial assistance........................................................................16 Supporting the client to apply for financial assistance ..................... 16 Redirection of benefit ................................................................. 17 Client is now a tenant......................................................................18 Tenancy agreement ................................................................... 18 Tenant breaches responsibilities .................................................. 18 Tenant makes contact with the Ministry........................................ 19 Changes in circumstances ........................................................... 19 Income-related rent........................................................................19 Income-Related Rent Subsidy ..................................................... 19 Rent effective dates ................................................................... 20 Changes to Income-Related Rent Subsidy ..........................................22 Changes in circumstances ........................................................... 22 Non notified changes of circumstances ......................................... 24 Backdating income-related rent decreases and refunds .................. 25 Debt management ..................................................................... 25 Tenant annual reviews ....................................................................26 Incomplete annual reviews ......................................................... 26 Notification of changes to income-related rent for the tenant .......... 26 Market rent rates ...........................................................................27 Setting the market rent rate ....................................................... 27 Approving market rent rates ....................................................... 27 Declining market rent rates......................................................... 27 Market rent decreases ................................................................ 27 Ending the subsidy .................................................................... 28 Social Housing Provider Operational Guidelines for Community Housing Providers Transfers ......................................................................................28 Client initiated transfers ............................................................. 28 Business initiated transfers ......................................................... 28 Transfers within your own housing stock ...................................... 28 Provider to provider transfers ...................................................... 28 Changes in property ownership ................................................... 29 Join-ins .........................................................................................29 Joining a tenancy....................................................................... 29 Change in number of tenants ...................................................... 30 Tenancy Reviews ............................................................................30 Ending a tenancy ............................................................................32 Exit all tenants and Outcome Agreement ...................................... 33 Fraud investigations .......................................................................33 Identifying suspected housing fraud ............................................. 33 Informing the Ministry of suspected housing fraud ......................... 33 Process to investigate ................................................................ 34 Outcome of investigation ............................................................ 34 Prosecutions ............................................................................. 34 Vulnerable children and families .....................................................34 Child abuse ............................................................................... 35 Family violence ......................................................................... 35 Complaints and Reviews of Decision.................................................36 Review of decision ..................................................................... 36 Complaints about the Ministry ..................................................... 36 Complaints about social housing providers .................................... 37 Responding to information requests ............................................. 37 Risk and issues management ...........................................................38 Receiving and resolving .............................................................. 38 Appendix One - Definitions..............................................................39 Appendix Two – Typical characteristics of Dwelling Types ..................43 Appendix Three – Ministry’s Business Continuity Plan .......................44 Business continuity process ........................................................ 44 ShareFile .................................................................................. 44 Iron key process ........................................................................ 44 Appendix Four – Screening and assessment ......................................46 Introduction .............................................................................. 46 Housing website ........................................................................ 46 Ministry contact centres and general enquiries lines ....................... 46 Work and Income service centres and Community Link offices ........ 46 Housing seminars ...................................................................... 47 Social Housing Provider Operational Guidelines for Community Housing Providers Eligibility .................................................................................. 47 Screening ................................................................................. 47 Potentially eligible ..................................................................... 48 Not eligible due to income/assets or unlikely to be eligible .............. 48 No screening required – Youth Service ......................................... 48 Assessments ............................................................................. 48 Appointment standards .............................................................. 49 Completing the assessment ........................................................ 49 Outcome of the assessment ........................................................ 50 Identified as eligible ................................................................... 50 Identified as not eligible ............................................................. 50 Assessment summary ................................................................ 50 Incomplete assessments ............................................................ 50 Emergency housing (interim need) .............................................. 50 Social Housing Register .............................................................. 51 Changes in circumstances........................................................... 51 Removing clients from the social housing register .......................... 51 Reinstating clients to the social housing register ............................ 51 Exception ................................................................................. 52 Rheumatic fever fast-track ......................................................... 52 Criteria for rheumatic fever fast-track .......................................... 52 List of District Health Boards ....................................................... 52 Property offers .......................................................................... 53 Appendix Five – Client has a change in circumstances prior to becoming a tenant ...........................................................................................54 Prior to becoming a tenant.......................................................... 54 Reviewing changes (prior to the client becoming a tenant) ............. 54 Other circumstances .................................................................. 55 Absence from New Zealand......................................................... 56 Short-term changes ................................................................... 56 Death of a client ........................................................................ 56 Client is now a tenant ................................................................ 56 Appendix Six – Placement Process ...................................................57 Appendix Seven – Restrictions on file attachments.............................58 Appendix Eight – Key contacts .........................................................59 Appendix Nine – Password rules ......................................................62 Appendix Ten – Reporting suspected fraud .......................................63 Appendix Eleven – Business Online Services templates ......................64 Social Housing Provider Operational Guidelines for Community Housing Providers Appendix Twelve – Key steps in responding to privacy breaches ..........69 Social Housing Provider Operational Guidelines for Community Housing Providers Introduction Community Housing Provider Operational Guidelines The Community Housing Provider Operational Guidelines (guidelines) are issued by the Ministry of Social Development (Ministry) and replace the Social Housing Provider Operational Guidelines issued in December 2016. The guidelines show the agreed business processes, administrative functions and interaction between you and the Ministry. These guidelines take effect immediately and form part of your Outcome Agreement with the Ministry; they are reviewable and can be amended at any time without materially affecting the Outcome Agreement. These guidelines must be used to assist you in meeting your Outcome Agreement requirements as a contracted community housing provider. Reviewing the Guidelines To request a review of the guidelines, you must submit in writing to the General Manager (Housing) for the Ministry of Social Development. These guidelines apply to contracted community housing providers who have a SPOT contract with the Ministry; therefore the Ministry will consider any request where practical. The decision to amend any part of these guidelines remains at the discretion of the Ministry. Definitions Refer to Appendix One for the definitions of terms that are used throughout these Guidelines. Social Housing Provider Operational Guidelines for Community Housing Providers 1 Aim of social housing Social Housing Reform Programme The Social Housing Reform Programme (SHRP) will increase the supply of social housing in New Zealand. It builds on a number of measures taken over recent years to provide more New Zealanders in need with quality and affordable housing. The key objectives of the programme are: ensure social housing is the right design and size, and in the right place for people who need it increase affordable housing supply ensure people who need housing support can get it and receive social services that meet their needs encourage and develop more diverse ownership of social housing, with more innovation and responsiveness to tenants and communities help social housing tenants to independence, as appropriate. All clients must meet specific criteria, complete preliminary screening and assessment and be identified as being at risk or having a serious housing need to be eligible for social housing. More information about how a person can apply or test their eligibility for social housing is detailed in Appendix Four. For more information about Social Housing Reform please visit the Social Housing Reform Programme website at socialhousing.govt.nz, MSD’s housing website at www.housing.msd.govt.nz and MBIE’s website at mbie.govt.nz/what-wedo/housing/social-housing-reform. Social Housing Provider Operational Guidelines for Community Housing Providers 2 Your roles and responsibilities Your key roles and responsibilities are: matching eligible clients to suitable properties arranging property viewings for clients and, where appropriate, making property offers informing the Ministry of all property offers informing the Ministry of client’s responses to property offers, including the rationale the client has given for any declines advising the Ministry when no property offer is made making arrangements for clients to sign up for a tenancy agreement, informing them of their responsibilities as a tenant and notifying the Ministry of the start date of their tenancy maintaining properties in a reasonable condition and ensuring they comply with all building, health and safety standards applicable to the property undertaking tenancy management practices and asset functions notifying if a tenancy is terminated informing the Ministry of any suspected client accommodation or benefit related fraud working with the Centralised Unit Housing to resolve any issues at an operational level if and as they arise, and where necessary escalating to the appropriate person (please refer to Appendix Eight for contact details). Business Online Services Business Online Services has automated many processes that were previously completed manually. You are required to use Business Online Services, to: load your vacancies maintain vacancy information request referrals update market rent maintain tenancy details Business Online Services will also enable you to: receive automatically generated shortlists base your invoicing on the IRRS fortnightly schedules created via Business Online Services. Social Housing Provider Operational Guidelines for Community Housing Providers 3 Compliance Expectations of the social housing provider As a Ministry-contracted community housing provider you must comply with specific standards as set out by the Ministry and the Ministry of Business, Innovation and Employment (MBIE). Compliance requirements: Ministry of Social Development Market rent setting You will be required to retain or develop a market rent setting process to receive the Income Related Rent Subsidy. The Ministry may at any time request from you the calculation and process followed to determine the market rent rates supplied. Statement of Satisfactory Tenancy Where requested it is expected that you will provide a tenant with Statement of Satisfactory Tenancy in writing. Existing social housing tenants who are looking for alternative accommodation may find the Statement of Satisfactory Tenancy helpful. This statement addresses a prospective landlord’s main concerns about rent payments, damages and tenant behaviour. A link to a factsheet about the Statement of Satisfactory Tenancy is available on the Ministry’s housing website at http://housing.msd.govt.nz/documents/forms/factsheets/products/satisfactory-tenancystatement.pdf. Information sharing You must comply with the Privacy Act 1993 when collecting, storing, using and disclosing client information. Note: the only approved mechanism to securely exchange any client information between you and the Ministry is by use of the Business Online Services application (from 10 August 2015); ShareFile and Iron Key can be used when enacting Business Continuity Process. This does not prevent telephone contact for escalations when required. Where you believe there has been a breach of the Privacy Act 1993, such as unauthorised access to or use of client information, you must notify the National Manager Contacts immediately. No client information (including their MSD nine-digit number) is to be shared or sent via email, fax, post, courier or in person between you and the Ministry. For urgent enquiries or for clients who are not on the social housing register, send an email to the Centralised Unit Housing to contact you if you need more information. If you need to exchange client information (including screenshots), please use Business Online Services ‘Create Task’ to send information. Social Housing Provider Operational Guidelines for Community Housing Providers 4 Access to information The Ministry will only share relevant client information with you for the purpose of carrying out social housing related tasks, such as referrals, placements and changes to income-related rent. The information must only be used for this purpose. Client information must not be accessed by anyone without the appropriate authority to do so. If you receive a client’s personal information and recognise that the client is known or related to you, it is the Ministry’s expectation that you will cease work on that file and inform your manager immediately. It is expected that your organisation has internal processes to manage any conflicts of interest appropriately as they arise. When client information is recorded incorrectly If a client informs you that information you hold about them is recorded incorrectly, you will need to correct the information or attach a statement stating what correction was sought by the client in their records. Please advise the client to contact the Ministry if they wish to have that information corrected in the Ministry’s records. If any changes affect the client’s eligibility for social housing or income-related rent, the Centralised Unit Housing will contact you to advise of this through Business Online Services. Referral information The Ministry’s system will generate a shortlist of applications from the social housing register following approval of a vacancy notification. All clients will have a unique nine digit Client Number. This can only be used to identify a client by the Ministry. You must not use the Ministry Client Number for any of your own purposes, for example using the Client Number as a tenancy reference number. A client’s personal information must not be shared with subsidiaries of your organisation, affiliates, other organisations or individuals, verbally or in writing (including electronic mail), unless an exception under Principle 11 of the Privacy Act 1993 applies. Storage and security of information If you need to store client’s personal information provided by the Ministry, you must ensure that the information is safeguarded against: loss unauthorised access, use, modification or disclosure and other misuse. When storing client information electronically you must ensure that all access to your network and any Ministry client information is password protected. Your organisation must have in place processes to mitigate the risk of unapproved access, including regular password protection updates. Each of your users must have a separate account, passwords are not to be shared and must conform to NZISM 2015 complexity rules. Please refer to Appendix Nine for more information. Social Housing Provider Operational Guidelines for Community Housing Providers 5 When a Business Online Services user leaves your organisation you will need to deprovision their Business Online Services account, or contact the Ministry to action this on your behalf. When not in use, physical copies of clients’ personal information records and documents must be kept in a locked storage receptacle. Please refer to Appendix Twelve for more information about responding to privacy breaches. Disposing of information You must not keep clients’ personal information provided by the Ministry for any period longer than needed and only for the purpose it was provided. When disposing of clients’ personal information you must take all reasonable steps to safeguard against interception, misuse and disclosure. Clients’ personal information must be disposed of in one of the following ways: hard copies must be destroyed by you in a secure destruction/ shredding bin (not a regular bin) or by a document destruction agency electronic documents must be deleted permanently. Compliance requirements: Ministry of Business, Innovation and Employment Community Housing Regulatory Authority You will adhere to the Performance Standards as set out by the Community Housing Regulatory Authority (CHRA). The Performance Standards form part of the Regulatory Framework for provision of social housing services to ensure clients are appropriately housed and have stability of tenure. For information about CHRA go to www.shu.govt.nz/chra-home/. Residential Tenancies Act 1986 You will ensure that all tenancy arrangements for social housing clients comply with the Residential Tenancies Act 1986. Information for landlords and tenants is available on MBIE’s website at http://www.tenancy.govt.nz/ Housing Restructuring and Tenancy Matters Act 1992 You must also comply with the Housing Restructuring and Tenancy Matters Act 1992. This is the legislation that governs the provision of social housing by community housing providers (as well as Housing New Zealand) and allows for the Income-Related Rent Subsidy to be paid to registered community housing providers. Social Housing Provider Operational Guidelines for Community Housing Providers 6 Working with the Ministry of Social Development The Ministry has a number of business units and individuals who will work closely with you, as clients move from the social housing register into social housing properties. The key Ministry business units you will be working with on a day-to-day basis are: Social Housing National Contracts Centralised Unit Housing your local Work and Income Regional Office. There may be times where other Ministry business units become involved in working with you, for example the Regional Fraud Investigation Unit or a Case Manager (Housing) based in a local Work and Income office. Social Housing National Contracts The Social Housing National Contracts business unit is based in the Ministry’s National Office in Wellington. Your main contact is the General Manager Advisor (Contracts), whose role is to: approve or decline property vacancies approve market rent changes purchase social housing services for clients on the Ministry’s social housing register provide contract and relationship management report and monitor a social housing provider’s performance and outcomes process invoices and payments of Income-Related Rent Subsidy to a contracted social housing provider promote social housing to key stakeholders and engage with the wider housing sector work with you to resolve any issues as they arise, and where appropriate escalate to the National Manager Contracts. Please refer to Appendix Eight for contact details. Centralised Unit Housing The Centralised Unit Housing has a team of staff assigned to work with clients, Work and Income frontline staff and you. This team is based in Auckland and they are your key contacts in the day-to-day administration of all social housing related functions. They are your first port of call from the time a client is matched from the social housing register to the time they enter a tenancy with your service. The Centralised Unit Housing is responsible for: receiving and responding to enquiries related to social housing managing social housing applications and phone assessments (where applicable) income-related rent calculations, and reassessments actively and effectively managing the housing register, including assisting people into an alternative housing market solution updating changes to a client’s circumstances (for both current tenancies and clients on the social housing register Social Housing Provider Operational Guidelines for Community Housing Providers 7 providing advice on using Business Online Services (between 9am and 5pm weekdays) working with you to resolve any issues at an operational level as they arise, and where appropriate escalate to the General Manager (Housing). Please refer to Appendix Eight for contact details. The Centralised Unit Housing hours of business are 7.00am to 6.00pm, Monday to Friday. Continuity Plans Ministry business continuity plan In the event that the Business Online Services application is unavailable, the exchange of client information will revert to ShareFile in the first instance or by the Iron Key process as described in Appendix Three. The Centralised Unit Housing will notify you if you need to use ShareFile or the Iron Key process. Note: you can only use the ShareFile or Iron Key process when approved by the Centralised Unit Housing. Please refer to Appendix Two for more information. Provider business continuity plan You must have a current business continuity plan that clearly details your capacity to deliver services when your IT system/network is unavailable or in the event of an emergency. This must be available for the Ministry to review on request. Your plan should include: resource gaps and plans to cover these any support you require to cover the period of emergency management agreement on who is best placed to contact your tenants and method of communication agreement on how your clients are to be managed through the delay or emergency. Business Online Services Business Online Services is the IT application you must use to exchange client, property and tenancy information with the Ministry. ShareFile will only be used as a back-up for Business Online Services. The process to use Business Online Services is described in the following pages of this document. A user guide is also available to support your use of the application: www.housing.msd.govt.nz/information-for-housing-providers/irrs-tenancies Social Housing Provider Operational Guidelines for Community Housing Providers 8 As well as being able to list and maintain vacancies, you are able to send information and enquiries via Business Online Services, including uploading forms. Please refer to Appendix Seven for restrictions on file attachments. We have included some templates in Appendix Eleven for you to use to ensure you include all the necessary information when contacting the Ministry. You will sign into the Business Online Services application with a RealMe account. The RealMe service meets strict guidelines to ensure privacy and security of information. Business Online Services is available from 7am to 6pm weekdays. It may also be available outside of these times, however these are the core hours. RealMe login Please refer to the User Guide for instructions on how to set up your RealMe login. Your organisation may choose to have more than one user for Business Online Services. In this case your administrator will be able to give staff members access to the system. Each staff member will be required to create a separate RealMe login. It is recommended that each user have one RealMe login for all services that use RealMe. This means users only need to remember one user name and password. However users may elect to have more than one RealMe login to separate work and personal needs. Note: For security reasons you must not share RealMe logins between staff. If you have any queries or issues related to your RealMe login you should contact the Ministry’s Online Services Team. Any queries or issues related to the Business Online Services application should be made via email to the Centralised Unit Housing. Please do not include any client information in your email. Your email is to request a phone call to provide you with advice on using Business Online Services. Please refer to Appendix Eight for contact details for the Online Services Team and Centralised Unit Housing. Setting up providers and users in Business Online Services The Contracts team create an account for you in Business Online Services. You are then able to log into RealMe and set up your user accounts in Business Online Services. Please refer to the Business Online Services User Guide for more information. Social Housing Provider Operational Guidelines for Community Housing Providers 9 System time out Business Online Services will time out after fifteen minutes without activity: the window shown above advises you of the time out any data you have entered without completing your action will not be saved and you will have to log in again. Social Housing Provider Operational Guidelines for Community Housing Providers 10 Creating a vacancy When you have a property vacancy that is suitable for social housing applicants, you will use the Business Online Services application to list the vacancy. You are able to specify a client that you are already working with if you have a specific client in mind, however the client would need to be on the register to be matched to your vacancy. You will need to supply the client’s name and either date of birth or client number, plus your reason for specifying the client. You will also need to provide information on the property i.e. age of build and special characteristics (if any) for the first part of the vacancy lodgement. For definitions of the different ‘Dwelling Types’ please refer to Appendix Two to get guidance on selecting the correct property type for your vacancy lodgement. For a step by step guide on how to complete the vacancy notification process, please see the Business Online Services User Guide. For a step by step diagram on how to create a vacancy, view shortlist and secure the tenancy please refer to the Placement Process Diagram in Appendix Six. Approving the market rent rate The market rent rate for the property must be approved before a shortlist of clients can be provided to you via Business Online Services. The Social Housing National Contracts team is responsible for reviewing vacancy notifications, checking the market rent is acceptable, and managing the approval/decline process of the market rent rate. Contracts has 48 hours to approve or decline the vacancy or request further information where required. Occasionally you may be requested to provide an Independent Market rent valuation report for your vacancy lodgement. A contracts team member will contact you to advise you for this to be provided. Approval of the market rent rate will be confirmed via a notification through Business Online Services. For more information about acceptable market rent rates, please go to page 27. Market rent rate is declined If the market rent is declined, the General Manager Advisor (Contracts) will contact you by telephone to discuss the reason(s). You will also receive a notification through Business Online Services, confirming this decision. Vacancy Approved Once the vacancy has been approved you will be notified via Business Online Services. The system will then automatically generate a shortlist of up to 30 suitable clients plus one ‘identified suitable client’ (a client you may already be working with who is suitable for your vacancy) if applicable. Social Housing Provider Operational Guidelines for Community Housing Providers 11 Shortlisted Applicants A shortlist of suitable applicants will be generated based on the property profile and specified in the vacancy. If you have specified an ‘identified suitable client’ who is on the register they will also be listed. Clients will be matched to a vacancy if it has the correct number of bedrooms for the household’s needs (plus or minus one bedroom), and is in one of the client’s preferred letting areas (clients are required to select three). The information provided to you at the shortlist stage will enable you to determine whether or not they are a potential match to your vacancy but will not include contact details; these will only be provided once a referral has been approved. It is important that you request a referral for one client at a time, as clients are removed from the register when a referral is requested (and cannot be matched to other vacancies). You also need to update the status of any clients for whom you requested a referral, but decide not to proceed with an offer; this is to ensure that they promptly return to the register. No Suitable Applicants If the applicants on the shortlist provided do not match to your vacancy, you will be able to select ‘unsuitable’ beside one or more of them. You are then able to refresh the shortlist which will remove any unsuitable applicants from the shortlist and replace them with new applicants. This process can be repeated multiple times. Requesting a Specific Applicant In some cases you may request a referral for a specific applicant. You can do this by updating the vacancy details to add the applicant as an ‘identified suitable client’. An example of when you might do this is when you are already working with and providing support for a client who is on the social housing register and whose needs match the vacancy you have listed. You should ensure that your property is efficiently utilised e.g. matches the bedroom requirements, plus or minus one bedroom. Timeframe to match a Suitable Applicant On receipt of a shortlist of suitable applicants, it is important to identify and match a preferred applicant within 48 hours. Once you have identified a preferred applicant via Business Online Services, you will be provided with the applicant’s contact details so that you can arrange for them to view the property. For detailed information on how to search for and select a potential tenant for your property vacancy and communicating a risk indicator, please see the Business Online Services User Guide. Risk information provided by the Ministry Risk information covers a number of behaviours such as a person who may have been abusive or threatening towards staff in the recent past. If the Ministry holds information about clients in the application who may pose a risk to you or other tenants’ safety, this will be provided at the shortlist stage. Social Housing Provider Operational Guidelines for Community Housing Providers 12 Child sex offenders The Ministry is party to an inter-agency agreement with the Department of Corrections (Corrections) to share information about child sex offenders. The purpose of the agreement is to protect the public and reduce the risk of re-offending. Child sex offenders are defined in the Corrections Act 2004 as people who: have been convicted of a relevant offence (defined in the Parole Act 2002) are subject to release conditions, detention or post detention conditions, supervision or extended supervision orders. Child sex offenders are people whose sentences, conditions or supervision have not ended. If a shortlisted application contains a child sex offender, this will be indicated in the information provided. Child Sex Offender Matched to a Property If you wish to house a prospective tenant and the person is identified as a child sex offender Corrections must approve the placement first. If you wish to proceed with an offer, the Ministry will make the referral to Corrections when you select ‘Request Referral’. Corrections will advise the Ministry within 72 hours whether the property is approved or not. In some cases, Corrections may need more information about the property, for example is there a public walkway next to it. In these cases the Ministry will come back to you with the information request. Only when the address is approved by Corrections can the applicant be offered and placed in the property. Providing Risk Information to the Ministry There may be times when you identify a risk in relation to a tenant and will need to notify the Ministry. You will do this via Business Online Services using the risk template in Appendix Eleven. The process for providing risk information can be found in the BOS User Guide. Making a property offer Contacting the client When contacting the client you must ensure that you are speaking to the correct person before continuing the conversation. This is to avoid breaching the client’s privacy. You are responsible for ensuring that the client: receives the housing offer (verbally or in writing) has an opportunity to view the inside of the property, if requested to assist with making their final decision Social Housing Provider Operational Guidelines for Community Housing Providers 13 is given 48 hours to make a decision to accept or decline the offer understands they are required to advise you of their decision within 48 hours and that non-response to an offer will be treated as a decline is aware that declining a suitable property offer may affect their eligibility to social housing. Agents and advocates Clients may appoint an agent or advocate to act on their behalf in matters relating to services provided by the Ministry. In some cases your service may already act as an agent or advocate for clients who have been assessed with a housing need. The Ministry requires agents and advocates to complete an Appointment of an Agent form or an Agent-Extension for MSD Housing form before the Ministry will consider accepting them as an Agent or Advocate for the client. The Centralised Unit Housing and Work and Income frontline staff will advise clients these forms need to be completed. These forms are available on the housing website at http://housing.msd.govt.nz/forms/index.html. If you want to act as an agent or advocate on behalf of the client you’ll need to get permission from the client to talk with us about their situation. There are two ways you can do this: for urgent enquiries call us when you have the client with you. The client will need to give verbal permission for you to speak with us about their circumstances if you think you will need to talk with us again about the client, the client needs to complete an ‘Appointment of Agent’ form and drop it off at your nearest MSD service centre. Alternatively, you can email a scanned copy to [email protected]. Note: verbal permission will only provide a temporary agency for the duration of that call. It will be at your discretion how you engage with an agent or advocate in matters related to social housing tenancies. However, you must comply with the Privacy Act 1993 to ensure the client’s information is only shared with appropriate people. Timeframe for client to make their decision You should allow up to 48 hours for a client to make and inform you of their decision. If more time is required, you should contact the Centralised Unit Housing to discuss the reasons for the property offer to remain open, before considering another client from the social housing register. Outcome of property offer When you have made the property offer to a client and know the outcome of their decision, you will need to update the referral via Business Online Services. The referral outcome can be one of the following: Offer Accepted Financial Assistance Required Offer Declined Offer Withdrawn Social Housing Provider Operational Guidelines for Community Housing Providers 14 You will need to ensure that any application for whom you have requested a referral is returned to the register by adding an outcome in Business Online Services. Financial assistance required Please refer to the section regarding clients requiring financial assistance for bond and rent in advance. Client accepts property offer When updating the referral in Business Online Services to show the client has accepted the offer, you will also be prompted to supply details of the tenancy agreement. Client declines property offer If a client declines the offer of a suitable property, you need to: advise them of the consequences of declining a suitable property without a good and sufficient reason find out their reasons for declining the offer and consider if the reason is something you are able to address such as modifying the property for a client with a disability. If the client still chooses to decline the offer you will update the referral in Business Online Services. You must include the reasons the client has provided for declining the property and if you have offered to meet any of these needs. This will be used to work out if our initial view is that the reason is good and sufficient or not. Note: If a client does not advise you of their decision to accept or decline the property offer you must note this as a decline in Business Online Services using the reason ‘Other’ and noting in the free text field ‘failed to respond to a property offer’. When a client declines a suitable property offer without what the Ministry considers to be a good and sufficient reason they will be removed from the social housing register. The Centralised Unit Housing is responsible for determining if the decision was good and sufficient and will advise the client of the outcome. Once removed from the social housing register the applicant will have a 13 week period where their decision to turn down a suitable property will be part of their assessment when determining if they have a serious and immediate housing need. Property offer is withdrawn You may decide after making the property offer that the client or the property is not suitable and withdraw the offer. You will be responsible for advising the client, including your reasons for withdrawing the property offer. You will also need to update the referral through Business Online Services to provide the reason for the withdrawal. For detailed information on how to update the referral to reflect the property offer outcome please refer to the Business Online Services User Guide. Social Housing Provider Operational Guidelines for Community Housing Providers 15 Financial assistance Supporting the client to apply for financial assistance During the assessment process the Ministry will ask clients who are eligible if they will require assistance with bond and rent in advance. The payment of bond and rent in advance is relative to the rate of rent the client will pay; that is, the rate of their weekly income-related rent as advised by the Ministry. Clients in receipt of a main benefit from Work and Income may qualify for an Advance Payment of Benefit (Advance). Clients who do not receive a main benefit may qualify for a Recoverable Assistance Payment (RAP). The income and asset thresholds for financial assistance for an Advance or RAP is lower than the threshold for eligibility for social housing, so not all clients will qualify for financial assistance. The thresholds for this assistance are maintained on the Work and Income website https://www.workandincome.govt.nz/. Advise the Ministry that client requires financial assistance When you offer the property to the client, you will need to discuss payment of rent in advance and bond. If the client wishes to apply for financial assistance from the Ministry, you will need to advise us via Business Online Services. When you request the financial assistance, the Centralised Unit Housing will assess eligibility, contact the client and if appropriate, start a hardship application. Once you advise the Ministry via Business Online Services that the client has accepted the property offer, the Centralised Unit Housing will complete the hardship application. Timeframe for applications Once the Ministry is aware that a client is requesting financial assistance, it will take up to 24 hours for a decision to be made to approve or decline their application. Some clients may be required to have an appointment with their assigned case manager at their local Work and Income Service Centre or Community Link office. The Centralised Unit Housing will manage the appointment bookings for those clients. The Centralised Unit Housing will make three attempts to make contact with the client during business hours over the 24 hour period, from the time the request for financial assistance is received. If this fails, you will be advised via Business Online Services that the application cannot proceed. If you make contact with the client and they wish to progress their application you should ask them to immediately contact the Centralised Unit Housing. Financial assistance approved The Centralised Unit Housing will make the payment direct to your account within 24 hours for eligible clients. Social Housing Provider Operational Guidelines for Community Housing Providers 16 Financial assistance declined The Centralised Unit Housing will advise you through Business Online Services if an application is declined. Tenancy Bond Landlords who charge a bond must lodge it with Tenancy Services within 23 working days using their bond lodgment form. Further information can be found on the Tenancy Services website: http://tenancy.govt.nz/rent-bond-and-bills/bond/charging-andlodging-bond/ No further action will be required from this point unless the client has a change in circumstances. Redirection of benefit Generally, as part of social housing tenancies, Income Related Rent will be redirected from a client's main benefit, New Zealand Superannuation or Veteran's Pension and paid to you. Clients in receipt of Student Allowance or Student Loan Living Costs are not able to have their payments redirected at all. When clients are placed into social housing, a redirection is generally added for clients on a benefit. Clients who are current tenants do not have a redirection automatically added if they start to receive a benefit. If there are multiple signatories to the tenancy agreement, the rent redirection amount would be split evenly between each of the signatories unless they request that a different split be used. In other cases, social housing clients may not be receiving any income support payments from the Ministry. It is the responsibility of the tenant to make arrangements to pay their rent. You will need to contact clients to discuss alternative payment methods where redirection is not possible. Redirection of rent arrears Where a client is receiving financial assistance from MSD and has rent arrears, you can request a redirection for the amount owed. The request will include the total amount of arrears owed and how much the client will pay towards the debt. You will need to advise the Centralised Unit Housing when the total amount of arrears has been paid. For deductions other than rent If a client wishes to redirect more than the calculated rate of rent they will pay you, for example, for water rates or lawn mowing services, they will need to complete a redirection form. This form is available on the Work and Income website at http://www.workandincome.govt.nz/documents/forms/redirection-of-benefitpayment.pdf. You will need to assist the client to complete this form. Social Housing Provider Operational Guidelines for Community Housing Providers 17 Once completed, the client will need to take the form to their local Work and Income office to have their application processed. The client will be notified directly of the outcome and will then be responsible for informing you of the details. Youth Service Clients Youth Service providers work closely to support young people in their service, and the Ministry anticipates some Youth Service providers may attend property viewings and assist young people entering into a tenancy arrangement. Youth Service clients who are aged 16 or 17 will need to submit an application to the Tenancy Tribunal to get consent to enter a tenancy agreement if they accept the property offer. The Youth Service provider will support them through this process. As Youth Service client applications for rent and bond and redirections are processed by a specialist MSD business unit (Youth Service Support Unit), these clients are unable to pre-apply for financial assistance. If the Youth client requires rent and bond, notify the Centralised Unit Housing (via Business Online Services); the unit will contact the Youth Service Support Unit who will ensure this request is managed by the youth provider. The Centralised Unit Housing is unable to assist with any Youth client processing or enquiries. Client is now a tenant Tenancy agreement Both you and your tenants have rights and responsibilities under the Residential Tenancies Act 1986. All rights and responsibilities should be made clear to the client prior to entering into the tenancy agreement. All tenancy agreements must be in writing and the client must be advised of your expectations, including their responsibilities when tenanting a property in your service. The tenancy agreement should set out the particular conditions that have been agreed to before you and the tenant sign to commence the tenancy. Tenant breaches responsibilities You will be responsible for managing any breach of tenancy responsibilities and/or the tenancy agreement. It is expected that you will continue to adhere and act in accordance with the Residential Tenancies Act 1986 to resolve any breach in responsibility by the tenant. Social Housing Provider Operational Guidelines for Community Housing Providers 18 Tenant makes contact with the Ministry If your tenant contacts the Ministry about breaches of responsibilities or tenancy disputes, they will be referred back to you to resolve the matter. Changes in circumstances All clients have a duty to inform the Ministry of any changes in circumstances that might affect their rate of income-related rent, their on-going eligibility for social housing or the need for a particular property they are renting. This can be at any stage from when they have been assessed as having a housing need and are on the social housing register, through to when they are a tenant. Depending on when the change occurs will determine how the Ministry will review their eligibility for social housing or their rate of income-related rent. More information is provided in Appendix Five when changes impact a client’s eligibility for: social housing (prior to becoming a tenant) the rate of income-related rent (for a tenant) tenancy reviews (for a tenant). Income-related rent Income-related rent is the subsidised rent scheme for social housing tenants with low incomes. The rate of income-related rent is calculated based on a household’s assessable income and their household type. The Ministry is responsible for calculating the rate of income-related rent and you will be responsible for charging this rate as rent to the tenant. You can, at your discretion, charge a lower rent than the IRR calculated. This can occur where: special circumstances exist, for example, you are renovating a property or the property is not of 'market' quality you consider it would not make a material difference to the client when the Ministry notifies you of an increase to the client’s IRR. However, you cannot claim for additional Income Related Rent Subsidy for the difference between the Income Related Rent rate notified by the Ministry and any lower rent you decide to charge at your own discretion. If a tenant’s calculated rate of income-related rent is a rate that is equal to or higher than the market rent rate, you must charge the market rent rate for the property. This means you will not receive the Income-Related Rent Subsidy. Income-Related Rent Subsidy Income-Related Rent Subsidy is the difference between calculated income-related rent for client’s household and approved market rent for the vacancy. The Income-Related Rent Subsidy is the portion paid to you by the Ministry. For example: Social Housing Provider Operational Guidelines for Community Housing Providers 19 Calculated rate of income-related rent (paid by the client) Market rent rate (as agreed with the Ministry) Income-Related Rent Subsidy (paid to you by the Ministry) $120 $300 $180 For more information about income-related rent or the Income-Related Rent Subsidy visit the Ministry’s Housing website at http://www.housing.msd.govt.nz/. Payment of Income-Related Rent Subsidy The Social Housing National Contracts team are responsible for the payment of the Income-Related Rent Subsidy. Payments will be made on a fortnightly basis. You are required to check the Service Invoice Schedule via Business Online Services for accuracy. You should submit your invoice once you are satisfied with the accuracy of the Schedule. Note: Income-Related Rent Subsidy payments are exclusive of GST. Rent effective dates Each time a client’s income-related rent is reviewed and the rate changes, the Ministry will advise you of the date that this new rent will take effect from, in accordance with the Residential Tenancies Act 1986 and Housing Restructuring and Tenancy Matters Act 1992. The notice periods the Ministry uses to calculate the new rent effective dates are: 14 day notice period; or 60 day notice period; or 61 day period o Whichever applies in the circumstances. Note: for reductions in rent you must decrease the rent from the earliest rent effective date following the notification (there is no 14, 60 or 61-day notice period applied for rent decreases). 14 day notice period and the 61 day period – Housing Restructuring and Tenancy Matters Act 60 day notice period and the 180 day rule – Residential Tenancies Act You must give tenants at least 14 days’ notice of any increase in their rate of income-related rent that is due to a change in their circumstances. The 60 day notice period ensures that a client receives at least 60 days’ notice of an increase in their rent. The 60 day notice period will apply to all increases of rent where the 61 day period is not applicable. The 14 days’ notice must be given before the effective date. It could be Social Housing Provider Operational Guidelines for Community Housing Providers 20 within the 61 day period, or in addition to it, depending on when the change of circumstance was notified or discovered by the Ministry. This will include situations where the client doesn’t provide sufficient information to the Ministry to calculate or review the rate of income-related rent and generally their rent is to be The 14 day notice period starts from the increased to market rent. date the notice is deemed to have been given to the tenant. In other words, it is In situations where the 60 day notice in addition to the service period that period applies, a client’s rent cannot be applies (depending on the method of increased within 180 days of the last delivery). rent increase. The 61 day period ensures that, when a tenant has a change of circumstance, any increase in their rate of incomerelated rent cannot take effect until at least 61 days after the date that the change in circumstances occurred (regardless of when the change of circumstance was notified or discovered). The 61 day period is counted from the day after the day that the change of circumstances occurred. The 60 day notice period starts from the date the notice is deemed to have been given to the client. In other words, it is in addition to the service period that applies (depending on the method of delivery). When the 14 day period applies When the 60 day period applies? The 14 day notice period is used when there is an increase in the tenant’s rate of income-related rent following a change in their circumstances, (which can include changes to an applicable person’s income, and changes to the tenant’s household). The 60 day notice period is used: It is counted in calendar days. following an increase in the tenant’s rate of income-related rent due to the annual general adjustment to the rates of the Ministry’s financial assistance when a tenant has not provided sufficient information to the Ministry to complete a review of their income-related rent when asked. when the tenant is paying rent at the market rent rate and the housing provider increases the rate of market rent Please refer to the Business Online Services User Guide for the process for market rent increases for clients who are not paying income-related rent i.e. market renters. Social Housing Provider Operational Guidelines for Community Housing Providers 21 Changes to Income-Related Rent Subsidy Changes in circumstances All social housing tenants must advise the Ministry of a change in circumstances as soon as possible and within 14 days of the change. Changes in household type or assessable income may affect the client’s calculated rate of income-related rent. A tenant can inform the Ministry of any changes via a case manager, any of the Ministry’s General Enquiries free phone 0800 numbers, at a Work and Income Service Centre or the Centralised Unit Housing, or for Work and Income clients, via the Ministry’s online services. When a client has a change of circumstances the Centralised Unit Housing will record the change and will: assess if the change is temporary or permanent review the rate of income-related rent when the change is likely to be permanent and last more than eight weeks make decisions on whether market rent is applicable in situations where the tenant’s circumstances cannot be confirmed and income-related rent cannot be calculated. If there is any change to the calculated rate of income-related rent, the Centralised Unit Housing will notify you of the change and the effective date through the Business Online Services notification. You must send confirmation of the new amount of income related rent and effective date via Business Online Services, either seven days prior to the effective day of the change, or within 24 hours (if the effective date is sooner than seven days). Please note that the Ministry adjusts the Income Related Rent Subsidy when the change of Income Related Rent is calculated. Once you have updated the rent charged field, this will generate a message for MSD to change the rent redirection if required. If the new Income Related Rent amount has increased and you do not update the rent charged with the new amount, you will continue to receive an unchanged amount of Income Related Rent (from your tenant) and a reduced amount of Income Related Rent Subsidy. While the Centralised Unit Housing will manage any changes, you will be responsible for informing the tenant in writing of the amount of rent payable and the date this takes effect according to the rules set out in the Residential Tenancy Act 1986 and the Housing Restructuring and Tenancy Matters Act 1992. Some examples of these changes are outlined in the table below: Change in circumstance Income-related rent will be reviewed Social Housing Provider Operational Guidelines for Community Housing Providers 22 Absence from New Zealand Any absence from New Zealand that is permanent may affect the rate of income-related rent. If a client has advised the Ministry prior to being absent from New Zealand that they are going to be absent, they can have the same rate of income-related rent calculated for them for up to eight weeks during the period of the absence. After eight weeks the rate of income-related rent will be reviewed by the Ministry. If a client does not advise that they are going to be absent from New Zealand before they leave, the rate of income-related rent will be reviewed by the Ministry straight away. The Centralised Unit Housing will make a decision about whether the rate of income-related rent will change and will apply the changes as appropriate. Benefit (grants, transfers and rate changes) Any benefit changes that are permanent may affect the rate of income-related rent. This could include where: Benefit stops Where a tenant or their partner is receiving a benefit or other form of on-going financial assistance from the Ministry and this has reduced or stopped, the rate of income-related rent will be reviewed: a client is granted a benefit a client is transferred to another benefit type there is a change to a client’s rate of benefit (for example a change from a sole parent rate to a single rate of benefit). when the client advises the Ministry of a change in circumstances; or eight weeks following the cancellation of financial assistance. If the client’s benefit is temporarily stopped, the Ministry is unable to redirect the rent until the benefit is resumed. It will be up to the client to make the payments during this period. Child changes A dependent child leaving, or coming into, the client’s care may result in the Ministry reviewing the rate of income-related rent. Death of a tenant When information is received by the Ministry about the death of a client, the income-related rent will be recalculated for any remaining tenancy signatories. Hospital – tenant is admitted to hospital or enters residential care When information is received by the Ministry about a client or their partner going into hospital or residential care for longer than eight weeks, their income-related rent will be recalculated. Income for that person will be removed from the income - Social Housing Provider Operational Guidelines for Community Housing Providers 23 related rent calculation. Imprisonment If a client has advised the Ministry prior to being imprisoned or being held on remand, they can have the same rate of incomerelated rent calculated for them during the period of the imprisonment (up to eight weeks). After eight weeks the rate of income-related rent will be reviewed (if the tenant has not been released). If a client does not advise the Ministry that they are going to prison or are being held on remand, the rate of income-related rent will be reviewed as soon as possible. If the client’s benefit is stopped, the Ministry is unable to redirect the rent until the benefit is resumed. It will be up to the client to make the payments during this period. Income Any income changes that last longer than eight weeks may affect the rate of income-related rent. Relationship changes If a client and their partner separate, (and the partner is not a signatory to the tenancy agreement) the partner’s income will no longer be applicable for the income-related rent calculation. The Centralised Unit Housing will recalculate the income-related rent from the date: assessable income reduced, or the date the partner no longer resides at the property. Whichever is the later. Third boarder Where there are more than two boarders at the property, a percentage of the board paid to the tenant is included as income for income-related rent purposes. Non notified changes of circumstances In some case the Ministry will share information with you as it may impact on the tenancy. This would be shared via Business Online Services. Generally, information will only be shared once we are aware that the changes are permanent; that is, eight weeks or longer. Type of change When MSD will advise you Absence from New Zealand Eight weeks after the date of departure; or straight away if the departure is permanent Imprisonment Eight weeks after the date of imprisonment Hospitalisation or Eight weeks after the date client went into hospital or care; or Social Housing Provider Operational Guidelines for Community Housing Providers 24 rest home care straight away if the care is permanent No longer residing in the property Straight away; or after eight weeks if the client is only temporally (e.g. less than eight weeks) living away from the property Relationship changes e.g. relationships starting or ending Legal name change Straight away. Death of a tenant Straight away Backdating income-related rent decreases and refunds The Ministry will be responsible for decisions to backdate the rate of income-related rent to an earlier period and issuing refunds. The amount refunded will be the difference between the previously calculated rate of income-related rent and the new lower rate of calculated income related-rent. Where the client (your tenant) has paid the higher amount of rent to you as the housing provider, the refund will be paid directly to the client. Where the client has under paid their rent for the same period that the refund is due, the refund will be paid to you as the housing provider. In some cases the refund will be paid to both the client and to you. This will be where the client has paid some, but not all of the rent due. When the Ministry has calculated a refund to the client, we will first check with you via Business Online Services to see if you are owed rent for the same refund period, and ask you to confirm the amount and the period for which the rent is owed. If the income-related rent increases or decreases during a payment period, you will need to detail this in the payment schedule by providing the period and days that both rates applied. Debt management The Ministry will be responsible for the calculation, establishment and recovery of income-related rent debts. Any income-related rent debts incurred will be recovered through existing Ministry guidelines, practices and process. You are responsible for the recovery of any tenancy related debt including rent arrears and property damage costs. Social Housing Provider Operational Guidelines for Community Housing Providers 25 Tenant annual reviews All tenants are required to complete an annual review of their income-related rent with the Ministry. This includes those tenants paying market rent. If a tenant hasn’t had a change in circumstances that resulted in a change to their income-related rent in the last 52 weeks, they will be sent a letter (five weeks prior to their scheduled review date) advising them to complete an annual review or confirm their circumstances. All tenants are given five weeks to complete their annual review. If a tenant doesn’t complete their annual review, their income-related rent may be increased to the market rent rate. The Centralised Unit Housing is responsible for managing annual reviews and will advise you of any changes that may impact a tenant’s rate of income-related rent (and therefore possibly the rate of Income-Related Rent Subsidy paid to you). Incomplete annual reviews Tenants who do not complete their annual review form or have not provided sufficient information for the Centralised Unit Housing to calculate the income-related rent, may be charged the market rent. You will be advised of this through a notification in Business Online Services. You will then need to update the Current Rent and Start Date information in Business Online Services. Refer to the Business Online Services user guide ‘Advise the Ministry of a change to the rent amount’ process. In these situations you may choose to retain or set the rent at a rate less than the market rent. You must never charge more than the market rent rate approved for the property. Should you choose not to charge the market rent rate, you will not be eligible to receive the Income-Related Rent Subsidy until a new rate of income-related rent has been calculated and notified to you for the tenant. Notification of changes to income-related rent for the tenant When a new rate of the income-related rent is applied the Ministry will provide the tenant with the following in writing: an acknowledgement of the change in circumstances that has occurred the new rate of income-related rent that has been calculated a statement that the tenant has the right to request a review of the Ministry’s decision to recalculate the rate of income-related rent a statement that makes it clear that you, as their social housing provider, determine whether there will be a change in the rent charged and the rent effective date. You will need to update the Current Rent and Start Date information in Business Online Services. Refer to the Business Online Services user guide ‘Advise the Ministry of a change to the rent amount’ process. Social Housing Provider Operational Guidelines for Community Housing Providers 26 Market rent rates Setting the market rent rate The market rent rate for social housing properties is set by you and must be comparable to the rent charged for other properties of a similar type, size and location. It is expected that social housing properties will be in the lower quartile of type, size and location. For more information about the lower quartile rates for your area, go to https://www.tenancy.govt.nz/. For any changes to the market rent for a property you will need to notify the Contracts team using the Business Online Services application. You must provide the tenant with the correct notice period required under the Residential Tenancies Act 1986 when advising of the market rent increase where the client is paying market rent. Please refer to the Business Online Services User Guide for the process to inform the Ministry of market rent increases. If there is a decrease in market rent that may affect the amount of rent that the tenant pays, you will need to ensure that you include the rent effective date (the next date rent is due to be paid). This is because the Centralised Unit Housing will change any redirection of benefit or superannuation for the amount of rent that the client may have in place. Approving market rent rates The Ministry must approve all market rent rates and will be responsible for ensuring that they are comparable to the rent charged for other properties of a similar type, size and location within the lower quartile. They will also be reviewing market rent rates to ensure it is within the Ministry’s current IRRS appropriation. Where the market rent rate offered is above the lower quartile, the Contracts team is responsible for the approval process. Depending on the level of market rent request, you may be required to provide in writing: the calculation used to determine the market rent rate; and a rationale as to why the rent is higher Independent Market Rent valuation report all of the above. Declining market rent rates If the market rent rate is declined, the General Manager Advisor (Contracts) will contact you to discuss this decision. Market rent decreases When a tenant is paying rent at the market rent rate and you decrease the market rent, you must apply the decrease from the next rent effective date for the tenant. You will also provide the tenant written notice of the change to the rent payable. Social Housing Provider Operational Guidelines for Community Housing Providers 27 Ending the subsidy Once a tenant is no longer eligible to have a rate of income-related rent calculated, you will not be eligible to be paid the Income-Related Rent Subsidy. The Income-Related Rent Subsidy will end on the day after the last rent charge date or the end day of the tenancy. Transfers Client initiated transfers If the client has had a change in their housing needs and/or advises you that their current housing is no longer suitable they can request a transfer to a more suitable property. Refer the client to the Centralised Unit Housing. The Centralised Unit Housing may complete an assessment. In any case you should manage the expectations of tenants who want to test their eligibility for a transfer when their circumstances have not changed, by advising them that they may not be eligible as they are already suitably housed. If the client is eligible for a transfer due to a significant change in circumstances, then the Ministry will place the client onto the housing transfer register. Business initiated transfers Transfers within your own housing stock If you need to transfer clients within your own housing stock you will need to notify the Ministry by submitting a property vacancy (for the property you are transferring the tenant to) through Business Online Services and indicate that the property is for a transfer. The Contracts team will approve or decline market rent. If you consider the transfer necessary and other housing will be more appropriate for the client’s housing needs, you can complete the transfer at any time without further review. Transfers within your own housing stock should generally be like for like. If the client’s housing needs have changed you will need to request that the Ministry completes an assessment to identify the client’s housing requirements. The Ministry will confirm to you that the client has been contacted and their housing requirements reassessed. Once the market rent has been approved you will be updated through the Business Online Services application to advise you of the outcome. The system will notify the Centralised Unit Housing so that they can update details for the client. Provider to provider transfers You may have cases where a client is more suited to the services and housing of another social housing provider. If the other social housing provider is also contracted to provide income-related rent tenancies to the Ministry, and the client’s housing requirements have not changed, you may arrange for the client transfer. In all cases the client must first consent to the transfer. Social Housing Provider Operational Guidelines for Community Housing Providers 28 If the client’s housing needs have changed you will need to request that the Ministry completes an assessment to identify the client’s housing requirements. You will need to negotiate the date of the transfer with the client and the other provider, and agree who is meeting any costs related to the transfer. You and the new provider will need to: formally notify the client of the date of the transfer arrange for a new Tenancy Agreement with the client arrange for the transfer of the bond The provider to whom the client is transferring will need to list the vacancy in Business Online Services to be approved by the Contracts team and create a task to advise the Ministry of the transfer. They will need to include: current Tenancy Reference new Tenancy Reference tenancy Start Date payment reference rent effective date You will need to give the Ministry 14 days’ notice of the change and the provider from whom the tenant is transferring will need to end the tenancy in Business Online Services. Note: HNZ does not use Business Online Services. Changes in property ownership If you sell, transfer or lease property with an existing income related rent tenancy you will need to advise the Ministry. If the purchaser of the property or lease is not a community housing provider, they will not be able to claim income related rent subsidy, and the tenant would be charged market rent. The Ministry will need a minimum of 14 days’ notice of any change in ownership. If the new owner is a community housing provider, they will need to notify the Ministry through the Business Online Services application of the new account number to redirect rent payments if applicable, and confirm the start and end dates for payment of the income-related rent subsidy. Each provider will need to notify the client of the change of landlord and other details in accordance with the Residential Tenancies Act 1986. Generally there will be no other impact on the client if they are remaining in the same property and have simply had a change in landlord. Join-ins Joining a tenancy People joining a household do not have to become signatories to the tenancy agreement. Tenants who wish to include another person or household in the tenancy agreement must first obtain conditional agreement from you. You will need to consider whether the: Social Housing Provider Operational Guidelines for Community Housing Providers 29 property is suitable for the combined household’s needs occupancy limit isn’t breached prospective tenant is acceptable. If the prospective tenant is acceptable and the housing is suitable, you will conditionally agree to the request for a join-in and notify the Centralised Unit Housing through the Business Online Services application. Final agreement however is not given until after the Ministry determines eligibility for social housing. The Centralised Unit Housing will contact the prospective tenant on receipt of the request information to arrange an eligibility assessment. Following the eligibility assessment, the outcome will be provided to you by the Centralised Unit Housing via the Business Online Services application. Change in number of tenants In situations where you make a decision to include or exclude tenants you must inform the Centralised Unit Housing through a notification sent using Business Online Services. The Centralised Unit Housing will update the tenancy record to reflect any changes to the number of tenants. Income-related rent will be reviewed and if there are any changes you will be notified. Tenancy Reviews Note: The Tenancy Review process has not started for all social housing tenants. When a tenant is selected for tenancy review the housing provider will be advised. The purpose of the Tenancy Review process is to ensure the right people are in the right social housing for the right duration. People who no longer need social housing are supported to find alternative housing so that social housing is available for those who most need it. The Ministry can review any tenant’s continued eligibility for social housing and their housing needs (housing requirements). The Ministry may support clients through engagement and planning and complete a formal review of a tenant’s eligibility. The four potential outcomes from the tenancy review process are: • • • • households voluntarily exit social housing – the household may leave on their own accord or the Ministry can support them to find and secure alternative housing the household has continued eligibility and their current house is appropriate for their housing needs the household has continued eligibility but their housing needs have changed the Ministry advises the housing provider who in turn, may transfer the client to another property the household does not have continued eligibility and the Ministry advises the provider, who may then issue a 90 day notice to end the tenancy. Social Housing Provider Operational Guidelines for Community Housing Providers 30 If the household is no longer eligible for social housing, they will start a three month transition period. During this time the Ministry will continue to work with the household to assist them to find alternative housing. Note: You will be notified that the household is no longer eligible for social housing the end of the transition period. At this point, you as the landlord will make a decision, under the Residential Tenancies Act 1986, whether or not to continue a tenancy where the Ministry advises there is no continued eligibility for social housing. Where the decision is not to continue the tenancy, you must issue the tenant a 90 day notice. You may opt to retain a tenant who is no longer eligible for social housing and not receive an Income Related Rent Subsidy for the property. In this situation, the Income Related Rent Subsidy will continue to be paid to you for the 60 day notice period required for a change in rent to the market rent rate. At the conclusion of this 60 day period, you will need to end the tenancy in Business Online Services. This indicates that the client is no longer a social housing client. You do not need to end the tenancy in your own systems. The Ministry will provide the following information through ShareFile: • Tenancy Review client selection notification report – weekly document sent via ShareFile by the Ministry’s Operational Support Advisor (OSA) identifying clients selected for tenancy review. This report will contain the following information: o o o o o client name SWN partner name and SWN address tenancy reference. • Ad hoc Tenancy Review client information request –documents sent via ShareFile by OSA to the housing provider • Formal notification of Eligible / Eligible - change in need outcomes – document sent via ShareFile by OSA to the housing provider after client has been notified of outcome. • Formal notification of Not Eligible outcomes - document sent via ShareFile by OSA to the housing provider at the end of client’s 3 month transition period. The table below sets out the touch points between the Ministry and housing providers. Touch Points MSD action Provider action Tenancy Review client selection notification report Weekly document sent to the provider via ShareFile No response required Ad hoc Tenancy Review client information requests. Including but not limited to: Ad hoc request/response sent to the provider via ShareFile) Provider request/response sent to MSD via ShareFile modified property check lifetime Tenure/ Occupation Order check Response required within 10 working days of ad hoc request Response required within 10 working days of ad hoc request Social Housing Provider Operational Guidelines for Community Housing Providers 31 Touch Points MSD action Provider action Provider to be advised if further time required MSD to be advised if further time required Formal notification of clients found eligible for social housing with no change in housing need Report sent to provider via ShareFile No response required Formal notification of clients found eligible for social housing with a change in housing need Report sent to provider via ShareFile Provider response sent to MSD via ShareFile to confirm whether client(s) will be transferred under Business Initiated Transfer process. tenancy end date check property purchase enquiries client escalations Tenancy Review messaging check Response required within 30 days of formal review outcome notification MSD to be advised if further time required Informal heads up notification of clients found not eligible for social housing Report sent to provider via ShareFile No response required Formal notification of clients found not eligible for social housing Report sent to provider via ShareFile Provider response sent to MSD via ShareFile to confirm whether client(s) will be issued with 90 day notice. Response required within 30 days of formal review outcome notification MSD to be advised if further time required Ending a tenancy If a tenancy is ending, either client or provider initiated, this must be carried out in accordance with the Residential Tenancy Act 1986. You will need to notify the Ministry seven working days prior to the tenancy end date. Social Housing Provider Operational Guidelines for Community Housing Providers 32 You will complete the relevant information to update the Centralised Unit Housing and Contracts team through the Business Online Services application. The Centralised Unit Housing will close the records based on the tenancy end date provided. Exit all tenants and Outcome Agreement If you decide you no longer wish to house social housing tenants and you want to exit your Outcome Agreement, you will be required to put this in writing. You will need to give the Ministry 90 days’ notice to make arrangements for tenants to be reassessed, and where applicable, returned to the social housing register. If you are no longer registered with the CHRA as a Community Housing Provider your IRRS Outcome Agreement will be cancelled. Fraud investigations Identifying suspected housing fraud Fraud can occur at any point in the process from the time an applicant applies to becoming a tenant. Applicants and current tenants have a duty to advise the Ministry of any changes in their circumstances. This includes their spouse or partner’s circumstances that may impact their eligibility to be placed, or remain in social housing, the calculated rate of incomerelated rent and the need for the particular property they are renting. Informing the Ministry of suspected housing fraud You may observe that a tenant’s circumstances appear different from what is detailed in their tenancy agreement. Some examples of suspected fraud are: undeclared partner under-declared income information supplied on their application differs from their tenancy agreement sub-letting. If you suspect at any point that a client is committing housing fraud, please log on to the Ministry’s website and report your suspicion online. Please refer to Appendix Ten for the web address and some information about the type details that we require to investigate an allegation. If any further information is needed a Ministry investigator may contact the person who has reported the fraud suspicion directly. Social Housing Provider Operational Guidelines for Community Housing Providers 33 Process to investigate Any investigation will be carried out in line with existing Ministry investigation practices and processes. You will only hear about an investigation if further information is needed, as the Ministry is not legally able to keep you updated on: whether there is sufficient information to investigate the progress of any investigation the outcome of an investigation if it does not affect the tenancy. During an investigation you may be required to provide further information. This request would be made under section 11 of the Social Security Act or section 125 of the Housing Restructuring and Tenancy Matters Act 1992. Individual staff may also be required to complete a witness statement and attend court as a prosecution witness. Outcome of investigation Once an investigation is completed the Ministry will review all entitlements to both benefits and housing. If the rate of income-related rent is affected, the Ministry will review and set incomerelated rent to the correct rate. The correct rate of income-related rent will be amended and updated by the Centralised Unit Housing. The Ministry will establish and recover any debt related to the incorrect payment of income-related rent. If the investigation determines that the tenancy may be affected, for example the property has been abandoned or sublet, a Regional Fraud Investigator may contact you to discuss this. Prosecutions In some cases an investigation may result in a decision by the Ministry to prosecute the tenant or tenants or associated people. All prosecutions will be managed through the Ministry’s Legal Services in line with the Solicitor-General’s Prosecution Guidelines. For these Guidelines go to: http://www.crownlaw.govt.nz/uploads/prosecution_guidelines_2013.pdf . You may be required to provide witness statements to Ministry investigators and attend court as a prosecution witness. Vulnerable children and families The Ministry and you are required to report any concerns where the safety of a child and/or their family is at risk. Social Housing Provider Operational Guidelines for Community Housing Providers 34 Child abuse If you become aware of potential or actual child abuse, neglect, or situations where a child is being exposed to family violence, you should ring Child, Youth and Family. Please refer to Appendix Eight for the contact phone number. Family violence If family violence is suspected or disclosed to you by an applicant or tenant you should assess the safety of your client and their child/ children immediately. If their immediate safety is of concern you should contact the Police. You are also able to access on the tenant’s behalf, the Work and Income Family Violence Intervention Programme (FVIP). To find out more go to http://www.workandincome.govt.nz/community/programmes-and-projects/familyviolence-intervention-programme.html For more information about Family Violence, go to the Ministry’s Family Violence, It’s Not Ok website at http://areyouok.org.nz/family-violence/ Social Housing Provider Operational Guidelines for Community Housing Providers 35 Complaints and Reviews of Decision Review of decision A client may apply to the Ministry for a Review of Decision (ROD) regarding any Ministry decision that affects their entitlement to social housing. This could be related to a decision the Ministry has made regarding (this is not an exhaustive list): the assessment of the client’s eligibility for social housing assessment of the client’s housing needs removal of the client from the housing register calculation of the client’s rate of income-related rent calculation of income-related rent debt or refund. If a client approaches you to query or dispute a decision made by the Ministry, refer them to the Centralised Unit Housing for more information. The Centralised Unit Housing can discuss the decision, and if the client wishes to request review of that decision, explain their options. A Review of Decision must be submitted in writing and can be lodged at any Ministry service centre or Community Link office. The forms are available on our website, or the client can send us a letter. More information about the Ministry’s review process is available on the Work and Income website at http://www.workandincome.govt.nz/individuals/your-rights-andresponsibilities/asking-for-a-review-of-decision.html. Complaints about the Ministry The Ministry will manage any complaint received from a client about the service they received from the Ministry. This could relate to: appointment times screening assessments register management financial assistance calculation of income-related rent annual reviews fraud investigations establishment and recovery of Income-Related Rent Subsidy debts. If a client contacts you to make a complaint about the service they have received from the Ministry, you should refer them to the Work and Income general enquiries line. Alternatively you can refer them to the Work and Income website if the client would prefer to submit their complaint online: http://www.workandincome.govt.nz/individuals/your-rights-and-responsibilities/makinga-complaint.html. Social Housing Provider Operational Guidelines for Community Housing Providers 36 Complaints about social housing providers You are responsible for any complaints related to tenancy and management of the property, including: time to view property offers placements market rents tenancy matters property repairs and or maintenance business initiated tenant transfers neighbourly disputes staff behaviour referrals to the Tenancy Tribunal. The Ministry will refer the client back to you for such enquiries. Responding to information requests The Ministry has a range of statutory reporting requirements and responsibilities for information requests that include: written and oral parliamentary questions briefings for Ministers Official Information Act 1991 requests media inquiries select committee hearings. The Ministry may include information in responses that relate to you as a social housing provider. In turn, you may get media inquiries or requests for information directly to you. As part of a no surprises approach both the Ministry and you will be responsible for consulting each other when a request is made that is likely to affect the other. Please refer to Appendix Eight for contact details. Social Housing Provider Operational Guidelines for Community Housing Providers 37 Risk and issues management The Ministry and providers will work closely to mitigate risks and resolve any issues as they arise. The table below identifies the types of risks that should be escalated immediately, but is not exhaustive. Risk Explanation High (Critical) Escalation Process A privacy breach. A health and safety incident where either agencies’ staff is at risk. A media inquiry that will affect both agencies. Representation from Ministers or MPs that will affect both agencies. Provider notifies their Relationship Manager by telephone. Complete a written summary of the critical risk. Upload a risk summary through Business Online Services for the Centralised Unit Housing to forward to the Relationship Manager. Receiving and resolving Each agency will be responsible for managing risks, issues and complaints that are made about their services, including when the matter is not able to be resolved. Wherever possible, risks and issues should be resolved at a local level first. If the issue cannot be resolved at a local level it may be escalated to the General Manager Advisor (Contracts). Please refer to Appendix Eight for contact details. Social Housing Provider Operational Guidelines for Community Housing Providers 38 Appendix One - Definitions The table below outlines the commonly used terms and their definition used throughout these Guidelines. Term Definition Annual Review of Income Related Rent A process to confirm tenants’ circumstances, to check their income-related rent is correct. Assessment Assessment of eligibility to determine housing need, priority and housing requirements. Assessable income Income that must be used to determine the rate of incomerelated rent, for example net benefit rates and employment earnings. Asset threshold The level of assets a client can have before it affects their eligibility or income-related rent. Boarders Additional occupants who contribute towards household costs by paying board. Bond Money a landlord can ask a tenant to pay as security. Business Online Services The online application used for the exchange of information between Community Housing Providers and the Ministry Change in circumstance Change to a person’s financial or family situation that may affect their place on the register or the rate of income-related rent. Community housing provider Provider of affordable and social housing, which may be for people with specific needs. Fast track Some clients may be fast tracked due to the household being at risk of rheumatic fever. These clients will appear at the top of the shortlist for placement. Household composition The people housed with the client/tenant, this may include extended family or boarders. Household type Defines household composition for the purpose of calculating income-related rent. Social Housing Provider Operational Guidelines for Community Housing Providers 39 Term Definition Housing register List of clients assessed as eligible for social housing, waiting to be matched with a suitable property. Identified Suitable Client A client known to you or your service, who is currently on the social housing register and that you have identified as being a suitable match to your vacancy. Income-related Rent Subsidised rent based on financial and family circumstances. Income-Related Rent Subsidy Payment to providers to cover the difference between the income-related rent and the market rent. Income threshold The level of income a client can have before it affects their eligibility for social housing or the percentage of income they contribute to their income-related rent. Iron Key Is a secure portable USB flashdrive to collect and exchange information between the Ministry and a community housing provider. This applies only when the Ministry Business Continuity Plan has been activated. Join-ins A person who wishes to be included in the tenancy agreement. Market rent Rent that could be charged for a property if it was in the private market. Priority rating A client’s place on the register based on their level of need. RealMe The RealMe service was created by the Department of Internal Affairs and New Zealand Post and designed to protect privacy and security. It is used to access the Business Online Services application. Redirection Where part of a benefit is paid directly to an organisation, to a provider for rent for social housing. Referral A client referred to a social housing provider for matching to a suitable property. Rent effective date The rent effective date is based on the date that the tenancy commences, or the date from which the new Income Related Rent is effective. Social Housing Provider Operational Guidelines for Community Housing Providers 40 Term Definition Residential tenancy agreement A legal agreement between landlord and tenant, in respect of a tenancy. Screening A process that determines whether or not a client is potentially eligible for social housing. ShareFile The secure portal used for transfer of client information between the Ministry and Providers before Business Online Services was introduced. The Ministry may revert to ShareFile if Business Online Services is not available. Service period A service period must be allowed in addition (and prior to) any 14 day notice period or 60 day notice period. Four working day service period applies for all notices to the client posted in the mail. Two working day service period applies for all notices delivered by fax, email, or in person. For example: All written notices of changes in rent sent by post are deemed to have been given to the client on the fourth working day after the date it was posted. Some providers may give the client a longer service period. Shortlist A list of suitable applicants requested by a provider or generated when a vacancy is listed. The shortlist is automatically generated by Business Online Services. Social Allocation System (SAS) Criteria that determine clients’ social housing need and requirements, and their priority rating. Social housing provider Housing New Zealand and approved community housing providers. Social Housing Reform This is the legislation that allows the Income-Related Rent (Housing Subsidy to be paid to registered community housing providers. Restructuring and Tenancy Matters Amendment) Act 2013 Tenancy Occupancy of a property by a tenant and the duration of that occupancy. Tenancy reviews A review of a social housing tenancy by the Ministry. Social Housing Provider Operational Guidelines for Community Housing Providers 41 Term Definition Tenant A person who rents a property from a landlord. Transfer A relocation of a tenant from one social house to another. Unsolicited shortlist Used by the Ministry to manually advise providers of a client with an urgent housing need. Social Housing Provider Operational Guidelines for Community Housing Providers 42 Appendix Two – Typical characteristics of Dwelling Types Social Housing Provider Operational Guidelines for Community Housing Providers 43 Appendix Three – Ministry’s Business Continuity Plan This section details the Ministry’s business continuity plan in the event that the Business Online Services application is unavailable. The Centralised Unit Housing will advise you when the Ministry’s business continuity plan will be activated. Business continuity process The process is around the method of exchanging information, not the information to be exchanged. Should the Business Online Services application become unavailable, the Ministry will revert to exchanging client sensitive information through ShareFile with a backup process of an encrypted memory stick, known as an ‘iron key’. ShareFile The Centralised Unit Housing will notify you if the business continuity process has been put in place and ShareFile is to be used. The forms to be uploaded into ShareFile can be located at: http://www.housing.msd.govt.nz/information-for-housing-providers/irrstenancies/#Sharefile1 A User Guide for using ShareFile can be found on the Ministry’s Housing website: http://www.housing.msd.govt.nz Iron key process If the Centralised Unit Housing notifies you that the business continuity process has been put in place and that the Iron Key process will be used, they will also advise you the name and contact details of your local ‘iron key runner’. This means that a staff member from your local Work and Income office will come to you to download and upload all forms related to a: vacancy notification rent and bond payment and redirection of benefit outcome of application for rent and bond payment and redirection of benefit application change to number of tenants market rent change review of income related rent assessment request for tenant transfers and join-ins transfer vacancy end of tenancy. Under no circumstances is any information, forms or templates to be emailed. When you have a form ready to be collected you will ring your nominated person and arrange a time for collection. This person will then come to your office, download the Social Housing Provider Operational Guidelines for Community Housing Providers 44 information to the iron key and take it back to the local office where they will upload the information to the Centralised Unit Housing or the General Manager Advisor (Contracts). When information is ready to come back to you the Centralised Unit Housing or the General Manager Advisor (Contracts) will email it to the ‘iron key runner’ who will contact you and arrange a time to deliver it to you. They will then download the information on to your system. This process will continue only until the Business Online Services application issue is resolved. The Centralised Unit Housing will advise you when to revert back to the business as usual process. If you have any concerns about moving to the Ministry’s business continuity plan contact the Service Managers at the Centralised Unit Housing. Their contact details are located on Appendix Six of this guide. Social Housing Provider Operational Guidelines for Community Housing Providers 45 Appendix Four – Screening and assessment Introduction This section details how clients can get information about housing options, including which Ministry business units can be contacted to test an applicant’s eligibility for social housing. Clients will be encouraged to explore all housing options available to them before contacting the Ministry. Housing website The Ministry’s housing website provides a range of information about social housing options, including links to other agencies that provide housing related services, brochures, and factsheets. It is available at www.housing.msd.govt.nz. Where a person is not able to access the internet or a computer, they can call one of the general enquiries numbers at any time to make their enquiry or test their eligibility. Ministry contact centres and general enquiries lines If a client contacts you directly to enquire about housing refer them back to the Ministry providing one of the general enquiries numbers below. The core housing role of the Work and Income, Senior Services and StudyLink contact centres is to: receive phone enquiries about social housing complete preliminary screening to determine if a client should proceed to an assessment provide information about housing options book appointments for assessments or housing seminars with the Case Manager (Housing) promote other relevant Ministry products and services. Please refer to Appendix Eight for contact details for general enquiries. Work and Income service centres and Community Link offices All clients ideally book an appointment to discuss housing options before visiting a service centre or Community Link office. If a client visits a service centre or Community Link office to enquire about housing, the receptionist will book an appointment with the Case Manager (Housing) or refer them to the general enquiries lines to discuss housing options. Do not refer clients to their local service centre or Community Link office as they must have an appointment. Social Housing Provider Operational Guidelines for Community Housing Providers 46 Housing seminars If a person would like to attend a housing options seminar before they apply for social housing, they can contact the general enquiries line. They will be booked an appointment for a seminar at their nearest service centre or Community Link office. Eligibility The eligibility criteria for social housing identifies people who are at risk or who have a serious housing need and who have been assessed as unable to access or sustain suitable, adequate and affordable housing in the private market. In order to be eligible for social housing, people must meet the following criteria: 18 years or over or 16 or 17 years and either: o be (or have previously been) married or in a civil union or o single or in a de facto relationship if they have been approved by the Tenancy Tribunal to enter a tenancy agreement for a social house they have been offered’ be an ordinarily and lawfully resident in New Zealand have income under the income threshold, which is 1.5 times the living alone rate of New Zealand Superannuation for sole persons with no partner or dependent children (these households may include ‘other persons’ or ‘boarders’), or 1.5 times the rate of married New Zealand Superannuation for all other household composition types have assets valued under the asset threshold which is 10% of the national average house sales priced indexed annually. For more information about eligibility criteria, visit the Ministry’s Housing website at http://www.housing.msd.govt.nz/housing-options/social-housing/who-can-get-socialhousing.html. There is also a link to detailed policy information from Work and Income. Screening Customer Service Representatives within contact centres and Case Managers will generally complete screening. Depending on the type of service the client is receiving, other Ministry business units may be assigned to complete the screening and assessment processes. All screening will be completed in the same way regardless of which Ministry business unit does it. The screening conversation will include: answering any social housing related queries testing eligibility completing the initial screening template advising the client of the outcome booking appointments with local Ministry business units, advising what information the client needs to take to their appointment providing information and advice about housing options Social Housing Provider Operational Guidelines for Community Housing Providers 47 offering and booking housing seminar appointments. The outcome of the screening conversation will be that people are: potentially eligible not eligible due to income/assets unlikely to be eligible. Potentially eligible If a client is identified as ‘potentially eligible’, an appointment will be booked with the local Case Manager (Housing) to undergo a formal interview for assessment. The staff member booking the appointment will: advise what the client must take to the assessment appointment ensure they have the correct phone number to contact should they have any further queries. Not eligible due to income/assets or unlikely to be eligible If a client is identified as ‘not eligible due to income/assets’ or ‘unlikely to be eligible’ they will not be offered an appointment for assessment. The client will be provided information about other housing options and where applicable offered an appointment to attend a housing seminar. If the client requests to have an appointment for assessment, the Ministry will arrange a time to meet with the local Case Manager (Housing) in the usual way. No screening required – Youth Service All Youth Service clients will be referred to their Youth Service Provider to discuss their enquiry or test their eligibility. The Youth Service Provider will facilitate the screening process and arrange for an assessment to be completed with the Case Manager Housing. Assessments Assessments will generally be completed by a local Case Manager (Housing) either faceto-face or over the phone. In some cases the Case Manager Housing may complete assessments over the phone. The SAS criteria determine the housing need and priority rating of applicants, based on a set of questions within five key categories. The five main SAS criteria are outlined in the table below. Risk criteria What is assessed? Affordability Measures a client’s ability to afford (with any income support they may be entitled to) an alternative, suitable, lower quartile, private rental in the location/community the client currently lives, or in an alternative location where they need to live. The affordability calculation is based on remaining income as a percentage of appropriate unabated benefit. Social Housing Provider Operational Guidelines for Community Housing Providers 48 Adequacy Measures whether the client needs accommodation or needs to move from their current accommodation due to: Suitability not currently living in any accommodation, or living in emergency housing for the time-being the physical condition/structure or lack of basic facilities of the accommodation over-crowding or lack of security of tenure of their current accommodation. Measures the need for a household to move from their current accommodation based on the following: medical, disability or personal needs or family violence or neighbourhood tension (including tension within the household) or other violence relating to the client's current living situation. Accessibility The accessibility criteria measures the client’s ability to access alternative non-social housing taking into account discrimination, lack of cash resources for bond, rent and furniture, and the availability of suitable alternative private sector housing in the area where the client currently lives or needs to live. Sustainability Measures a client’s likely ability to sustain non-social housing, in particular any difficulties around financial management, social function and lack of social skills. Appointment standards The Ministry has set appointment standards to meet with a client. These are: five working days for a standard appointment 24 hours for an emergency housing appointment Completing the assessment In the assessment interview the Case Manager (Housing) or the Centralised Unit Housing will: complete the application and assessment calculate the indicative rate of income-related rent (IRR) verify and ensure supporting documentation is supplied and correct advise the client of the outcome. Social Housing Provider Operational Guidelines for Community Housing Providers 49 Outcome of the assessment On completion of the assessment, a priority rating will automatically be assigned to the application. Identified as eligible If a client is assigned a Priority Rating of A or B, they are eligible for social housing. Once the client has signed and returned the assessment and any necessary evidence they are moved to the housing register as available for property offers. Identified as not eligible For those clients assigned a Priority Rating of C or D will not be eligible for social housing. Priority C or D clients will be provided with other housing options and advice, including an opportunity to attend a housing seminar. Assessment summary The Case Manager (Housing) or the Centralised Unit Housing will arrange for clients to sign their Assessment Summary. The client will be advised they: are eligible for social housing as they have been identified as having a severe or serious housing need are on the housing register and will be contacted by a social housing provider when they have been matched to a suitable property or when one becomes available are to advise the Ministry of any changes in their circumstances that could impact their eligibility should keep looking for accommodation in the interim can receive information and advice about housing options and/or attend a housing options seminar. Incomplete assessments Clients who do not have the correct information at the time of assessment will be given 20 days to supply this. They will not be placed on the housing register. If the client has not met this timeframe the Case Manager (Housing) or the Centralised Unit Housing will close their application. Clients who are assessed over the phone are not added to the register until they return the signed form. Emergency housing (interim need) The Case Manager (Housing) or the Centralised Unit Housing will be responsible for identifying those clients who present with an urgent housing need. They will need to determine if the client has a temporary housing need or if they are vulnerable or at risk. Depending on the client’s individual circumstances and the nature of the emergency, they may not be assessed for social housing. For example the client could: Social Housing Provider Operational Guidelines for Community Housing Providers 50 be behind in their rent or board evicted. The Ministry may be able to help the client resolve their emergency through financial assistance and where appropriate, refer the client to an emergency housing provider in their area. If there are no local emergency housing providers, other options will be considered as suitable alternatives, for example a hostel or back packers. More information about emergency housing providers can be found in the Family Services Directory at http://www.familyservices.govt.nz/directory/ Social Housing Register When a client is placed on the social housing register, this means they are ready to be matched to a suitable property. While on the social housing register, the client must advise the Ministry of any change in circumstances as this may affect their eligibility for social housing. The Centralised Unit Housing will also regularly check a client’s circumstances, to ensure that the client is still eligible for social housing, if they have not already had contact with the Ministry. The Centralised Unit Housing will complete regular checks and call clients on the housing register. Changes in circumstances If a client contacts you about a change in circumstances or you have information that may affect their eligibility for social housing you should advise the client to contact the Centralised Unit Housing. The Centralised Unit Housing will be responsible for reassessing a client’s circumstances. If the client’s priority rating moves to a C or D they will no longer be eligible for social housing and removed from the housing register. More information about how specific changes in circumstances impact a client’s eligibility is provided on page 47 (for someone on the social housing register) and page 19 (for a tenant). Removing clients from the social housing register Clients will be removed from the social housing register in the following situations: when they are housed in sustainable housing a change in circumstances leads to a change in priority rating to C or D failure to respond to the Ministry’s requests within 10 working days failure or refusal to answer questions during an investigation client has declined a property offer without a good and sufficient reason at a client’s request. Reinstating clients to the social housing register Clients that have been removed from the social housing register can have their application reinstated, with the same priority rating, within eight weeks of their removal Social Housing Provider Operational Guidelines for Community Housing Providers 51 in certain circumstances. This only applies if there have been no changes in circumstances since the time of application. Exception Clients who have been removed from the social housing register after declining a suitable property cannot have their application reinstated, they need to re-apply. Their decision to decline a suitable property will be taken into account for 13 weeks after their removal from the register. Exceptions to the assessment process Rheumatic fever fast-track Fast-tracking is a new government initiative to prioritise and identify people who are deemed most at risk of rheumatic fever. The intent is to find suitable housing as soon as possible to address a health need. By prioritising these clients it is intended that the number of hospitalisations for rheumatic fever will decline. Screening and assessment for these clients will be completed in the usual way. A Centralised Unit Housing Manager or Service Centre Manager is responsible for approving fast-tracked clients. Fast-tracked clients are given precedence for placement, regardless of the priority rating of other clients. You will be able to identify these clients as they will display an ‘F’ in additional to the priority rating. Criteria for rheumatic fever fast-track The Ministry is responsible for ensuring that clients and their households meet the rheumatic fever policy criteria. A client and/or their household must: live in a specific North Island District Health Board area have an ‘at risk’ or ‘serious need’ for social housing, that is an A or B priority rating the household has more than one child residing in a house (does not have to be a dependent child), and one of those children is aged 4 to 19 years at least one of the children aged 0 to 14 years has been hospitalised with a qualifying medical condition, while living in their current accommodation or in the past two years or has a child or young person aged 0 to 14 years who is still receiving treatment for a previous case of rheumatic fever and the household is lacking one or more bedrooms or the household is functionally overcrowded (which, for example, can lead to unsafe sleeping practices). List of District Health Boards All fast-tracked clients must be located under the specified list of North Island District Health Boards. These are: Auckland District Health Board Bay of Plenty District Health Board Social Housing Provider Operational Guidelines for Community Housing Providers 52 Capital and Coast District Health Board Counties Manukau District Health Board Hawke’s Bay District Health Board Hutt Valley District Health Board Lakes District Health Board Northland District Health Board Tairawhiti District Health Board Waikato District Health Board Waitemata District Health Board. Property offers Property offers will be made in the usual way where clients can accept or decline in the usual way. For more information about fast-tracking clients please go to: http://www.workandincome.govt.nz/map/social-housing/assessment-ofeligibility/introduction.html Social Housing Provider Operational Guidelines for Community Housing Providers 53 Appendix Five – Client has a change in circumstances prior to becoming a tenant Prior to becoming a tenant A client must advise the Ministry of any change in circumstance that may impact their eligibility prior to becoming a social housing tenant (while they are on the social housing register) or during their time as a tenant. This section provides an overview of how a change will be reviewed and any impacts to a client’s eligibility for social housing or their rate of calculated Income Related Rent or Income Related Rent Subsidy: If a client/tenant or you need to discuss a change, contact the Centralised Unit Housing for assistance. For more information visit the Work and Income website to view the Ministry’s Manuals and Procedures (MAP). This provides comprehensive information about Work and Income policy, programmes and services. Go to http://www.workandincome.govt.nz/manualsand-procedures/social_housing/index.htm. Reviewing changes (prior to the client becoming a tenant) Common changes that lead to a review of the client’s eligibility to be placed into social housing are described in the following table: Type of change in circumstances Reason for review Permanent address change – client’s eligibility for social housing will be affected. They may no longer have a housing need. Change of address Consideration needs to be given to the type of housing the client is moving into. For example, risk of overcrowding, may actually increase the urgency for housing. Temporary address – the client may still have a housing need but urgency for social housing may be low. Social Housing Provider Operational Guidelines for Community Housing Providers 54 Type of change in circumstances Reason for review Eligibility may be impacted depending on: Child changes effect on family composition, for example single to sole parent whether the child has special needs impact on current housing for example, an additional child may contribute to chronic overcrowding or current accommodation may be unsuitable for small children. Change to relationship status Partner moves out or moves in – clients may still be eligible for social housing but their circumstances will be reviewed to determine this. Employment/Income changes Eligibility and priority may be affected depending on whether employment is permanent or temporary and the level of change to income. The income threshold and the ability of the client to afford rental accommodation in the private housing market will be considered. Change to client’s health status Priority for social housing and the accommodation type may need to be reviewed. For example, a health condition, injury or disability may increase urgency for social housing. It could also mean that the client has no immediate need due to hospitalisation or alternative housing arrangements are being made. Benefit cancellation or suspension The outcome of a review of the client’s circumstances will depend on the reason for suspension or cancellation. Benefit transfer A benefit transfer in itself is not likely to affect eligibility. The reason for the benefit transfer may indicate when a client should have their housing needs reviewed. For example, a client who is granted a Supported Living Payment because of a health condition may require a modified property. Benefit grants The results of the affordability part of the assessment may change, altering the client’s priority rating. Other circumstances Some changes will require the Ministry to manage changes in circumstances differently for specific situations. Social Housing Provider Operational Guidelines for Community Housing Providers 55 Absence from New Zealand Clients on the housing register who are going to be temporarily absent from New Zealand are required to advise the Ministry of their absence and provide: their reasons for travel departure and return dates. Clients leaving New Zealand permanently will be removed from the social housing register. Clients leaving New Zealand temporarily will have their application status updated to ‘on hold’ unless they have appointed an agent to act on their behalf with the Ministry whilst they are out of the country. This in no way implies that an agent can act for the client for property offers. Clients who leave New Zealand and remain on the social housing register will be sent a letter asking them to confirm their circumstances. Clients returning to New Zealand will need to contact the Ministry to confirm their return and that there are no changes in circumstances. ‘On hold’ applications will be placed on the register if clients continue to be eligible. Short-term changes In the following situations, applications will remain on the social housing register if clients have an agent to act on their behalf with the Ministry for housing register management purposes: client imprisoned for 30 days or less days single client hospitalised for less than 30 days short-term residential care. Death of a client Following the death of a single client, Centralised Unit Housing will close the application. In situations where a client was a sole parent or joint applicant for social housing, a letter will be sent to the next of kin or other applicants to provide them with an opportunity to make contact to talk about the next steps in meeting their current housing needs (where applicable). Applications will be closed after 10 days if there is no response to the letter. Client is now a tenant Once a client has been placed into housing and officially becomes a tenant the change in circumstances is reviewed differently because it is no longer based on their eligibility for social housing. Social Housing Provider Operational Guidelines for Community Housing Providers 56 Appendix Six – Placement Process Community Housing Provider Placement Process Creating a vacancy Vacancy is submitted for MSD Contracts approval Shortlist Securing the tenancy View application details BOS Advise the Ministry if the client needs rent and bond in advance BOS BOS Yes Not required Assess eligibility (contact the client) MSD Contracts approves vacancy Request more information about application BOS Start Hardship Application Notification is sent to the provider Request referral BOS BOS Client eligible Client not eligible* Referral approved BOS Accept Offer BOS Contact client with property offer Receive task to grant financial assistance KEY Provider Community Housing Provider action Contracts MSD Contracts Team action CUH System BOS Client accepts property offer Client declines property offer Complete Hardship Application Centralised Unit Housing action System action Refer to Business Online Services User Guide Add outcome of property offer BOS Tenancy is activated BOS *Client may be able to source payment from other means Social Housing Provider Operational Guidelines for Community Housing Providers 57 Appendix Seven – Restrictions on file attachments You will be able to upload file attachments using Business Online Services. For security reasons, the following restrictions apply: file attachments are limited to 10Mb. file attachment content is NOT executable (ie doesn’t run like a program) File type/extension is restricted to .csv,.doc,.docx,.xls,.xlsx.,png,.jpeg,.gif,.tif .pdf,.txt,.text,.rft,.odt file name extensions File name is restricted to alpha numeric characters & limited to 50 characters in length. If you do not follow these guidelines the upload will fail. Social Housing Provider Operational Guidelines for Community Housing Providers 58 Appendix Eight – Key contacts For vacancies and market rent issues contact: Contact Contact details Social Housing National Contracts Email: [email protected] For relationship management, risk, issues or any contract specific processes: Contact Contact details Sharleen Alaifea Mobile: 029 252 3408 Email: [email protected] For assistance with your RealMe account (e.g. locating your user name, resetting your password): Contact Contact details Online Services Phone: 0800 559 009 Please say ‘Online Services’ when prompted, so your call is directed to an appropriate person For queries including issues relating to the Business Online Services application: Contact Contact details Centralised Unit Housing Email: [email protected] If you require clarification of any client focussed processes: Contact name Contact details Primary contact: Brinal Gonsalves Service Manager Centralised Unit Housing Mobile: 029 2006095 Landline: 09 369 8707 Email: [email protected] Social Housing Provider Operational Guidelines for Community Housing Providers 59 Secondary contact: Glenn Desa Service Manager Centralised Unit Housing Mobile: 029 2372765 Landline: 09 369 8724 Email: [email protected] To report suspected child abuse: Contact Contact details Child, Youth and Family Phone: 0508 FAMILY (0508 326 459) Contact details for general enquiries: Contact Contact details Work and Income Phone: 0800 559 009 Senior Services (for over 65s) Phone: 0800 552 002 StudyLink (for students) Phone: 0800 889 900 Contact details when escalation is required: Contact Contact details Requesting a review of these guidelines: Jeremy Wilson General Manager Housing Email: [email protected] Compliance with approving market rent rates, Contracts issues or the Privacy Act: William Barris Issues with Centralised Unit Housing: Lindsay Meehan National Manager Contacts Email: [email protected] General Manager Centralised Services Email: [email protected] Social Housing Provider Operational Guidelines for Community Housing Providers 60 Additional contact details for the Ministry: Contact Contact details For media enquiries: Phone: 04 916 3496 Fax: 04 918 0066 Email: [email protected] For Official Information Act requests: For Ministerial correspondence or enquiries Email: [email protected] Email: [email protected] Emergency Housing Line: Contact For enquiries if you are working with people who need emergency housing Contact details Phone: 0800 559 244 Emergency Housing Line If you have a client who needs emergency housing but who also is on, or who needs to be on, the social housing register please the Emergency Housing line to check client’s status and make sure that the information we have is up to date. If you want to use this service you’ll need to get permission from the client to talk with us about their situation. There are two ways you can do this: for urgent enquiries call us when you have the client with you. The client will need to give verbal permission for you to speak with us about their circumstances if you think you will need to talk with us again about the client, the client will need to complete an ‘Appointment of Agent’ form and drop it off at your nearest MSD service centre. Alternatively, you can email a scanned copy to [email protected]. Note: verbal permission will only be considered for that particular call. For any ongoing discussions please complete the ‘Appointment of Agent’ form. Social Housing Provider Operational Guidelines for Community Housing Providers 61 Appendix Nine – Password rules NZISM 2015 complexity rules for passwords: a minimum password length of 16 characters with no complexity requirement; or a minimum password length of ten characters, consisting of at least three of the following character sets: o lowercase characters (a-z); o uppercase characters (A-Z); o digits (0-9); and o punctuation and special characters Social Housing Provider Operational Guidelines for Community Housing Providers 62 Appendix Ten – Reporting suspected fraud The website for reporting suspected housing fraud is: www.msd.govt.nz/form/msd/govt/nz/form.req?requestType=msd-govt-nz-select-form Select ‘Social Housing fraud allegation’ from the drop down, then click ‘Go’. You must include an email address and confirm that you have read the Privacy Statement. Helpful information for you to include: your name and contact phone number tenant’s full name, client number (if known), address tenant’s partner name and client number (if known) the type of fraud you suspect – this could include an undeclared partner, underdeclared income, the information supplied on their application differs from their tenancy agreement or sub-letting. This is not an exhaustive list. details of why you suspect fraud how you have become aware of this information whether or not you have raised this with the tenant and their response if applicable any other information about the tenant or other members of the household. Social Housing Provider Operational Guidelines for Community Housing Providers 63 Appendix Eleven – Business Online Services templates We have provided you with some templates that you can use when contacting the Ministry via Business Online Services. When contacting the Centralised Unit Housing via email please ensure not to include any client details, these templates are only to be used in Business Online Services. Referrals Change in circumstances identified The following client has advised of a change in their circumstances during the referral process: Client’s name: Client number: Date of birth: Contact number: Details of the change in circumstances: Comments: General enquiry (manage referrals) Client’s name: Client number: Date of birth: Contact number: Enquiry: Comments: Request Financial Assistance Client’s name: Client number: Date of birth: Contact number: Rent in advance required ($): Bond required ($): Social Housing Provider Operational Guidelines for Community Housing Providers 64 Comments: Tenancies Change of Address (property address has changed, eg from 5 Main Street to 5A Main Street, suburb boundary change etc) Client’s name: Client number: Date of birth: Reason for change: Client Change Client’s name: Client number: Date of birth: Contact number: Type of change: [select one; Personal or contact details, change to medical or disability information, absence from NZ, imprisonment, longer-term hospitalisation or residential care, death and changes to a specific client’s risk] Details of the change: Comments: General Enquiry Client’s name: Date of birth: Contact number: Enquiry: Comments: Household Change Client’s name: Date of birth: Contact number: Type of change: [select one; Tenant or additional occupant has left the household, a person’s role in the relationship has changed or risk information about the household needs to be updated] Details of the change: Social Housing Provider Operational Guidelines for Community Housing Providers 65 Date of change: Comments: Join-in Assessment This is to confirm our conditional agreement to the join-in request made by the following tenant. Their prospective tenant’s details are shown below. Details of current tenant Client’s name: Date of birth: Client number: Contact number: Details of person (prospective tenant) who wants to sign the tenancy agreement Full name: Date of Birth: Client number (if known): Contact number: Current Address: Relationship to the tenant: Please provide the below listed details for all other people conditionally approved as part of the Join-in request (e.g. partner, dependent children or other adults). If not applicable enter N/A. Name: Date of birth: Provider Initiated Transfer Client has transferred to another property within our stock: Tenant’s name: Client number: Date of birth: Contact number: Tenancy reference: Social Housing Provider Operational Guidelines for Community Housing Providers 66 Tenancy end date: New tenancy address: New tenancy reference: Vacancy reference: Transfer date: Payment reference (if known): Comments: Rent Arrears Client is due an income-related rent refund; the Ministry will send you the ‘Request for rent arrears information form’ via Business Online Services to confirm if any rent is owed for the same period. You will need to update the form, scan and return it via Business Online Services. Rent Arrears Redirection Client name: Rent owed: Rent redirection amount to be set-up per week/fortnight: Risk Please refer to ‘Advise the Ministry of household risk and household member risk information’ for examples Does the risk relate to a household member? If yes, who (name): What is the household member risk information you would like to report: Does the risk relate to a household (premises) If yes, what is the risk: Other Risk: Transfer Assessment Please confirm the housing requirements for the following tenant: Social Housing Provider Operational Guidelines for Community Housing Providers 67 Tenant’s name: Client number: Date of birth: Contact number: Comments: (this may relate to the client’s bedroom requirements or property modification needs) Social Housing Provider Operational Guidelines for Community Housing Providers 68 Appendix Twelve – Key steps in responding to privacy breaches The purpose of these key steps is to provide guidance when a privacy breach occurs. A privacy breach is the result of unauthorised access to or collection, use or disclosure of, personal information. In this context, "unauthorised" means in contravention of the Privacy Act 1993. There are four key steps to consider when responding to a breach or suspected breach. Where a suspected or actual privacy breach of client information occurs, the Ministry’s Contracts team will work alongside you to consider each step and take appropriate action. As every situation is different, discussion will need to occur between the Ministry’s Contracts team and yourself to determine who will do what as you work through the Privacy breach process. At a minimum, for every suspected or actual privacy incident your responsibilities as a provider are to: Report – ensure that any of your employees who discover a suspected or actual privacy incident immediately notify their supervisor or manager and report it to the Ministry’s Contracts team Recover – the confidential or personal information if possible, or otherwise contain the incident to lessen the impacts the client and implications for the yourself and the Ministry Remediate – the information incident: by working collaboratively with the Contracts team and the Investigation team by supporting the investigation to determine the specifics of the privacy incident and resolve it by notifying individuals or parties affected by the incident, as directed by the Contracts team Prevent – further privacy incidents by: ensuring that employees know and understand how to apply changes in the handling of confidential or personal information being diligent in the handling of confidential or personal information implementing any recommendations from the investigation developing a culture for the prudent management of information, including by providing training ensuring employees understand their responsibility in reporting information incidents, including containing the loss and/or recovering the information. • More information about the key steps agencies should follow when responding to an actual or suspected privacy breach please refer to the Privacy Breach Guidelines on the Privacy Commissioners website: https://www.privacy.org.nz/news-andpublications/guidance-resources/privacy-breach-guidelines-2/ Social Housing Provider Operational Guidelines for Community Housing Providers 69
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