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Social Housing Question

I currently live in a 2-bed social housing flat. Lived here almost 10 years.

I live alone and have no dependents. I'm 42.

I am on ESA (SG) and get PIP at the lowest rate for Daily Living and Mobility.

I have both physical disabilities and mental health problems, the latter being the biggest problem.

I am desperately seeking somewhere quiet to live, 1 bed, social housing. Due to my MH needs I need a quiet place and in the area I live ideally this needs to be age restricted. For instance I could occupy a ground floor flat providing there are no children living above me or very minimal noise from visiting children.

I cannot get any kind of priority on the housing register, so properties I am bidding on I come 4th but never top. I've been on the housing register for 9 years.

I can't be considered for any priority without a referral from a mental health team. I'm not supported for my mental health, the support is not available. However I do have a letter written by someone who did once care for me (CPN) stating why I need to move and reasons for needing a quiet place. However, this is not acceptable.

The only possible suitable place is with my current housing association in a sheltered housing scheme for those over 60 but they will accept under that age if on PIP. I've been to visit and met the manager and the place was perfect, it would be a studio flat but this is fine. However there is an issue. Given my age if I lose PIP at reassessment I would have to leave my home.

Is this legal? Especially if it's an assured tenancy.

Like most people I live in fear of DWP reassessments as it was hell switching from DLA to PIP.

Mentally I'd never cope with losing my home if PIP ceased.

I'm really stuck in a catch 22 and I've tried everything to solve this but am getting nowhere and I'm pretty desperately to get moved due to my mental health.

The most I managed to get in the last few weeks is a disability assessment in which I'm about to get some handrails in my bathroom which will help, but the OT was there to assess my physical health and not my mental health.

Surely the local housing should assess me on my mental health needs as defined under the Equality Act, especially if living where I am is contributing to my I'll health and putting me at risk?

I have no control over getting MH support, there is simply no help on offer despite my frustrations and my GP intervention over this.

Sorry to go on.
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Comments

  • Morglin
    Morglin Posts: 15,922 Forumite
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    I would check with the HA about whether if you lost your PIP, but retained ESA in SG,, and if you had to leave the sheltered housing, they would rehouse you to another HA property. Providing they will, then it might be worth the risk.

    Your GP should also push harder for a referral to the mental health team.

    There is often a delay, but they should act upon referrals. If your GP is aware of your MH issues, couldn’t s/he provide a letter to the Housing Association?

    Other than that, would it be worth trying for a mutual exchange?
    You can tell a lot about a woman by her hands..........for instance, if they are placed around your throat, she's probably slightly upset. ;)
  • Norman_Castle
    Norman_Castle Posts: 11,871 Forumite
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    However there is an issue. Given my age if I lose PIP at reassessment I would have to leave my home.

    Is this legal? Especially if it's an assured tenancy.
    Not sure of the legality but its probable its something you would have to agree to at the start of the tenancy.

    Its possible there could be some flexibility where you may not fit the fixed criteria to stay there but the HA allow you to based on your circumstances. Obviously thats at the discretion of the HA.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
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    Janey42 wrote: »
    I'm 42.
    ...
    The only possible suitable place is with my current housing association in a sheltered housing scheme for those over 60 but they will accept under that age if on PIP. I've been to visit and met the manager and the place was perfect, it would be a studio flat but this is fine. However there is an issue. Given my age if I lose PIP at reassessment I would have to leave my home.

    Is this legal? Especially if it's an assured tenancy.
    Accepting a 42yo in a 60+ development is a substantial concession - and one that they're willing to make. All they ask is that you meet a certain (fairly minimal) level of official acceptance of your issues.

    So, yes, it's legal - because they're making substantial adaptation for even relatively low-level issues. Just so long as they're officially recognised as being present.

    If your issues cease to be recognised (by withdrawal of your benefits), then you cannot claim discrimination, simply because you will not be recognised as having the disabilities.

    I'd have thought the risk of a 60s+ development having children present would be reasonably substantial, though... Grandkids...!
  • sevenhills
    sevenhills Posts: 5,938 Forumite
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    Janey42 wrote: »
    I cannot get any kind of priority on the housing register, so properties I am bidding on I come 4th but never top. I've been on the housing register for 9 years.


    My local authority give 75% of the houses to those with priority and 25% is down to how long you have been on the waiting list.
    Perhaps your local authority does the same and you just need to apply within an hour of the register going live?
    You just need to learn how to apply better. I waited 5 years and got a nice town house after being in private renting.
  • Morglin wrote: »
    I would check with the HA about whether if you lost your PIP, but retained ESA in SG,, and if you had to leave the sheltered housing, they would rehouse you to another HA property. Providing they will, then it might be worth the risk.

    Your GP should also push harder for a referral to the mental health team.

    There is often a delay, but they should act upon referrals. If your GP is aware of your MH issues, couldn’t s/he provide a letter to the Housing Association?

    The first point you made was very helpful, thanks.

    Regarding GP she has done everything in her power, including written to my old psychiatrist to vent her frustration over a recent assessment with a trainee. They have told her 'I'm not open to their service.'

    She has also provided a letter but like the other it does not help with my housing situation. She even raised the issues in the surgery's MDT meeting when both an OT and a Social Worker was present, neither of them could help.
  • Not sure of the legality but its probable its something you would have to agree to at the start of the tenancy.

    Its possible there could be some flexibility where you may not fit the fixed criteria to stay there but the HA allow you to based on your circumstances. Obviously thats at the discretion of the HA.

    Unfortunately the rules are no PIP, no accommodation. And it's not like my disability is disappearing if PIP stops, it will always be there.
  • Ms_Chocaholic
    Ms_Chocaholic Posts: 12,703 Forumite
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    Have you approaching your local Councillor?


    Does the sheltered housing have lots of free studio flats (I only ask as the one in our area does) as the HA would benefit in that case as you would move to a studio and that would free up a 2 bedroomed flat. I wonder if you have tried that approach?
    Thrifty Till 50 Then Spend Till the End
    You can please some of the people some of the time, all of the people some of the time, some of the people all of the time but you can never please all of the people all of the time
  • AdrianC wrote: »

    If your issues cease to be recognised (by withdrawal of your benefits), then you cannot claim discrimination, simply because you will not be recognised as having the disabilities.

    I'd have thought the risk of a 60s+ development having children present would be reasonably substantial, though... Grandkids...!

    My disability will also be recognised as defined under the Equality Act but that in no way means I'll get PIP at a reassessment because the system is flawed with the DWP.

    Children are not really the issue, especially visiting. The problem with my current accommodation is its built like tissue paper so you hear everything, so when someone's visiting children are running and jumping up and down for 15 hours a day and screaming it does not make my home life very pleasant, not helped by PTSD from years of ASB from kids. Reporting it makes the situation worse and the housing association cannot do anything about children visiting for up to three days at a time, although that is breached regularly! When I first moved in the rules where no children under the age of 10 were supposed to live in these flats, but that rule is constantly broken!

    Older flats brick built tend to have less noise transference between floors.
  • sevenhills wrote: »
    My local authority give 75% of the houses to those with priority and 25% is down to how long you have been on the waiting list.
    Perhaps your local authority does the same and you just need to apply within an hour of the register going live?
    You just need to learn how to apply better. I waited 5 years and got a nice town house after being in private renting.

    The bidding system updates twice a week and you can bid on two properties per week. I'm online as soon as the properties appear.

    Besides having previously worked for the council I know how it works and how those longest get no chance over those with a priority. I'm not even considered a priority for downsizing from a 2-bed to a 1-bed despite paying bedroom tax.
  • Thanks to all who responded. I should have said I've registered for a mutual exchange and whilst I've had some interest when they visit and see how rough the area is, they don't take it further!

    I have three options:

    1) Keep bidding in the hope eventually someone considers me.

    2) Move into the older persons housing scheme when a flat comes up, take the risk with PIP, if PIP ends and I lose my home then I'd be homeless but the council would have a duty of care to rehoused me give my long-term disabilities.

    3) Stay put and continue to risk my mental health.

    Due to being high functioning even when chronically unwell mentally I don't qualify for help from the mental health team.

    I've recently been under a home based treatment team after an overdose, for 7 days they then discharged me because I didn't fit their criteria to be under them.

    I've had an out of area admission to a private mental health ward because there were no NHS beds.

    I'm currently going through a complaint with the mental health team over my incorrect diagnosis and standard or rather lack of care and support offered when in a crisis.
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