Applicant eligibility

2.1 General

2.1.1 To qualify for housing under KWL at least one member of the household applying to participate in the scheme must be employed within a specified key worker group. There is no discretion to vary the terms of the allocation in this respect.

2.1.2 For participation in any HomeBuy scheme, an offer of employment is not sufficient.

2.1.3 For intermediate rent schemes, where the applicant is moving into an area to take up an offer of employment, they may be assisted up to 3 months before the date employment is due to commence on condition that they take up employment on the agreed date. Where available, the key worker should be required to provide a copy of their signed contract of employment.

2.2 Eligibility Criteria

2.2.1 Key workers eligible for assistance must fall within the key worker groups specified in the Grant offer letter. The following key worker groups are eligible for assistance under this programme:

  • Clinical staff employed by the NHS (excluding doctors and dentists).
  • Teachers, including FE teachers and Early Years/nursery teachers
  • Police officers and community support officers in specified forces (please see sub-section 2.1.3)
  • Frontline police staff (civilians) may also be eligible in some areas (please see sub-section 2.1.3)
  • Prison officers and some Prison Service staff in prisons in specified areas (please see sub-section 2.1.3)
  • Probation Officers, Senior Probation Officers, Probation Service Officers and, for intermediate rent only, Trainee Probation Officers
  • LA/LEA/NHS Social workers
  • LA Therapists (including Occupational Therapists and Speech and Language Therapists)
  • LA Educational Psychologists
  • LA/LEA/NHS nursery nurses
  • LA Planners
  • LA clinical staff
  • Uniformed staff, below principal level, in Fire and Rescue Services and Regional Control Centre staff who deal with emergency call handling on behalf of the Fire & Rescue Service.
  • Connexions Personal Advisors
  • Armed Forces personnel and some civilian MoD personnel (clinical staff, MoD police officers and uniformed staff in the Fire and Defence Service). Also includes some discharged personnel. Please see the guidance box at 2.2.5 for more information.
  • Highway Agency Traffic Officer Staff
  • LA Environmental Health Officers/Practitioners

2.2.2 Within these broad groups, detailed criteria will be applied to determine eligibility, see para 2.2.5 below.

2.2.3 These programme criteria may be amended from time to time by the Homes and Communities Agency in conjunction with the CLG. Scheme providers will be notified formally in writing of any amendments.

2.2.4 The eligibility criteria for a specific application will remain in place for six months from the date of written confirmation, even if the programme eligibility criteria change within those six months.

2.2.5 To be able to participate in the KWL programme all applicants must be employed in a qualifying post as listed (follow asterisk for full list) and must:

  • be unable to buy/ rent a home {suitable for their household needs LINK TO NBHB 1.4.3 Guidance} within a reasonable travel to work area of their employment.
  • be permanent employees or be temporary employees where all the following conditions are met at the time of application:
    i. at least 6 months must be remaining on the contract;
    ii. the contract must have been issued at the outset for at least 12 months;
    iii. at least 3 months of the contract have already elapsed;
    iv. for HomeBuy the Equity Loan Provider is satisfied having regard to the applicant's skills, employment record and intentions that there is a reasonable prospect of continuing employment as a qualifying key worker sufficient to sustain home ownership in the longer term.
  • have a household income that does not exceed £60K (except for applicants who applied for the London Challenge Teacher programme prior to 1 April 2006 whose household income must not exceed £80K)
  • be first time buyers or existing home owners who need to move home to meet their household needs.
  • sell their existing property if they own one.

2.2.6 Intermediate Rent schemes

In addition to eligibility rules outlined above, there are further variations for intermediate rent schemes as follows:

  • Indefinite leave to enter/ remain is not necessary although there must be at least 6 months remaining on the key worker’s work permit at the start of the tenancy
  • Key workers who have temporary contracts with at least 6 months remaining at the commencement of the tenancy are eligible and do not need to meet the further requirements in para 2.2.5 above in relation to the terms of their temporary contract. Those on permanent contracts are also eligible for the intermediate rent scheme;
  • Trainee key workers with an employment contract are eligible for the intermediate rent, where they are undertaking ‘on the job’ training rather than training for a qualification that would enable them to become a key worker.

2.2.7 Location

Properties must be purchased within reasonable travelling distance of the workplace. The Equity Loan Provider/HomeBuy Agent will determine what this is for the areas they cover and will consider each case individually; zonal boundaries are not a relevant consideration. Key workers should initially approach the HomeBuy Agent for the area in which they wish to live. Where an applicant subsequently finds a property in a location covered by a different Equity Loan Provider/HomeBuy Agent, applicant details should be passed over to the HomeBuy Agent covering the area where the key worker wants to live, as described in the Equity Funding Agreement.

 

2.2.8 Assistance through the scheme can only be given to those who could not otherwise buy or are unable/have difficulty renting a home at market rent that is suitable for their households needs (for Guidance refer to NBHB 1.4.3 ) and within a reasonable ‘travel to work’ area of their employment. The definition of ‘travel to work’ area will depend on the locality, the type of employment and the transport links.

2.2.9 Where someone is looking to exercise an opportunity to purchase an alternative property to the one they currently own on a like for like basis, whether or not it was purchased with government assistance, this is only permissible in specific circumstances (please see OMHB chapter ). There is no scope for the purchase of a more expensive home in a different area under this scheme, where current housing needs are met in the existing property.

2.2.10 For those looking to buy a home through one of the home ownership options, the total household income, capital and savings must be taken into account and while there is no set minimum income, Equity Loan Providers/HBAs and RSLs are required to be mindful of the purchasers ability to afford and sustain home ownership in the long term. For Guidance refer to NBHB 6.2.1

2.2.11 Applicants must not be:

  • in mortgage arrears or
  • in rent arrears or
  • in breach of their current tenancy agreement

at the time of the application.

2.2.12 Where a tenant is or has been in arrears for a short period due to a sudden change in circumstances or an administrative delay or error in recording the rent paid to a public sector landlord, the Equity Loan Provider/RSL may use their discretion to allow the case to proceed where it is satisfied the rent is being paid and the applicant has sufficient income to support a mortgage.

2.2.13 In the case of private sector tenants, the Equity Loan Provider/RSL must be satisfied that the tenant has not had a history of rent arrears.

2.2.14 The maximum household income level for KWL is £60k. Scheme providers have discretion to accept applications from those with marginally higher incomes in exceptional circumstances. All such decisions must be seen to be fair to all applicants and transparent and fully documented for audit purposes.

2.2.15 Equity Loan Providers/RSLs must make reasonable checks to ensure that applicants meet the eligibility criteria for the scheme as per para 2.1.3. This should include documentation such as confirmation of employment status and sight of current/recent payslips.

2.2.16 It will be for individual RSLs to ensure that they comply with the Data Protection Act 1998. Personal data must be processed fairly and lawfully. In order to be eligible under the scheme all applicants must give their consent in writing for personal data about their employment status to be processed by the RSL, Homes and Communities Agency, and Government Departments. This will allow applicants eligibility status to be monitored whilst they are in receipt of assistance under the scheme.

2.2.17 Tracking eligibility

For New Build HomeBuy and Intermediate Rent schemes the developing RSL must inform the employer (and the HomeBuy Agent) that a key worker is receiving assistance under the scheme. For Open Market HomeBuy schemes the Equity Loan Provider/HomeBuy Agent must inform the employer.

2.2.18 The employer will monitor the employment status of the key worker and notify the Equity Loan Provider/HomeBuy Agent/ RSL of any change in the eligibility status of the individual. Employers are required to keep the Equity Loan Provider/HomeBuy Agent/ RSL informed of any changes in the employees’ status.

2.2.19 In addition the Equity Loan Providers/RSLs must undertake annual checks of the employment status of beneficiaries,

2.2.20 Equity Loan Provider/HomeBuy Agents are required to establish robust mechanisms whereby they are able to regularly review and confirm the qualifying employment status of key public sector workers and are able to implement speedy grant recovery procedures

2.2.21 The applicant is also obliged, under the terms of the legal charge to notify the Equity Loan Provider/HomeBuy Agent of any change in employment within seven days of the change. This requirement will also apply to New Build HomeBuy and intermediate rent tenants and will be contained in the legal documentation/ tenancy agreement.

2.2.24 Change of Employment

Where a keyworker, who has secured a property through the KWL programme, is looking to change jobs they must inform the HomeBuy agent or their landlord RSL

2.3 Clawback

2.3.1 Up until March 2008 all key public sector workers accessing any of the HomeBuy products solely by virtue of their employment were subject to clawback. From April 2008 clawback no longer applies to OMHB and NBHB and documentation such as NBHB leases should be used.

2.3.1a RSLs should refer to NBHB section 7.8 for information relating to assigning existing KLW leases that contain the ‘clawback’ fundamental clause.

2.3.2 Also from April 2008, Key workers who are subject to clawback clauses in existing NBHB leases or OMHB legal charges will not be held to them.

2.3.4 All valuation fees are to be paid by the owner

2.4 Types of Assistance

2.4.1 Agency funding for a KWL scheme does not imply Agency endorsement of the type of assistance or any conditions attaching to it. It is the responsibility of the Equity Loan Provider/RSL/HBA, taking legal advice if necessary, to ensure that the type of assistance and all other aspects of its administration of the scheme, complies with all relevant legislation, is mortgageable, within its vires and that it has taken account of any tax implications both for the Equity Loan Provider/RSL/HBA itself, applicants and the applicants’ employers.

2.4.2 The amount of subsidy should be the minimum required to assist the key worker household into home ownership or to acquire a property suitable for their needs (for Guidance refer to NBHB 1.4.3. )

2.5 Taxation

2.5.1 For guidance on tax and National Insurance contributions arising from the assistance provided to key workers under KWL follow the asterisk. If RSLs require further guidance they must contact HM Revenue and Customs.

2.6 Guidance for Applicants

2.6.1 Guidance at para 2.8.6 below should be referred to together with any guidance produced locally by key worker employers. RSLs should also produce guidance for applicants which could include, for example, their detailed interpretation of 'travel to work' rules and, for first-time buyers, an indication
of outgoings and how these are likely to increase to ensure sustainable home ownership, implications of the clawback requirements.

2.6.2 When making equity loans Equity Loan Providers must ensure that promotional material complies with the requirements of the Consumer Credit Act 1974 (Please see OMHB 4.3.7 ).

2.7 Selection of Applicants

2.7.1 RSLs must have clear written procedures for communicating with and selecting applicants.

2.7.2 Applicants must complete the relevant application forms and have their eligibility assessed as required under NBHB/OMHB procedures (Please see NBHB 1.4 ).

2.7.3 Equity Loan Providers/HomeBuy Agents and RSLs must ensure that the arrangements they make for administering the scheme provide protection for the public funds involved and facilitate effective programme delivery.

2.7.4 Applicants must be selected in accordance with the priorities and criteria set out in the guidance to applicants.

2.7.5 RSLs must avoid any conflict of interest for staff involved in selecting applicants.

2.7.6 The criteria must be clear to applicants and sufficient for providers to demonstrate at audit that those selected to purchase under the scheme met the priorities at para 2.2.5 above. The guidance should include:

  • Eligible occupations and employers;
  • Upper household income limits;
  • Qualifying criteria as set out for each sector;
  • Criteria used to prioritise applications. These may simply be date of application for those who meet the criteria or may be more specific, for example those whose specialisms are in particularly short supply. The criteria to be used must take account of the advice received from Department for Communities and Local Government (DCLG);
  • The types of properties to be purchased, whether on a development or open market. If open market, an indication of acceptable size, values, locality and condition and any ineligible properties;
  • Any tax implications arising from the assistance offered;
  • Any resale covenants and other conditions and arrangements for repayment on resale and/or leaving qualifying form of employment;
  • Information regarding the tenancy used for rented properties and indicative rent levels, together with the implications on leaving qualifying form of employment;
  • Applicants should be required to certify that the information they have provided is complete and accurate and that they will not purchase more than one property through any schemes benefiting from public subsidy. They also need to certify that the property is their only home.

2.7.7 In order to minimise the tax implications of KWL assistance, employers must not nominate or prioritise applications from individual key workers, either formally or informally. Employers may indicate their general priorities for types of staff to be assisted under the
scheme and these priorities may be included in the Providers selection criteria. However, decisions on individual applications should be determined entirely by Providers without further reference to or advice from employers, apart from any checks required from employers in order to validate information provided on application forms submitted by key workers.

2 Applicant eligibility

QUALIFYING POSTS

This section contains details of the specific eligibility and needs criteria for each key worker sector. Posts qualify as eligible employment under the scheme as set out below within London, South East or East regions (using Government Office boundaries). Any exceptions are indicated.

EDUCATION

Teachers

All applicants must be qualified teachers employed in a maintained nursery (early years), primary or secondary schools, including:

Community Schools; Academies; Voluntary Aided Schools; Voluntary Controlled Schools; Foundations School; Trust Schools; Schools for children with special needs; Pupil referral units.

Or, - be hospital-based teachers or peripatetic teachers employed by a Local Education Authority or qualified teachers employed in the Ethnic Minority Advisory Service, Inclusion Support Services or similar services by a Local Education Authority, or be qualified teachers in a non–maintained school for children with special needs where the pupils are LEA funded.

Further Education Colleges

1 All applicants must:

*be a teacher
*be employed in either:

  • an FE sector institution (general FE college; sixth form college; art, drama & performing arts college; agriculture and horticulture college; tertiary college) ;
  • or a non-FE sector independent specialist college providing further education for persons with learning difficulties and/or disabilities ;
  • or in an FE teaching post in a Higher Education Institution (HEI) or a Local Authority led education institution in England provided the course being taught is funded by the Learning and Skills Council (LSC);

* be qualified in line with, or at the time of application are attending, a course leading to an FE teaching qualification, as defined by the Further Education Teachers* Qualifications (England) Regulations 2007 - including Schools-based
Qualified Teacher Status.

Nursery Nurses

All applicants must:
- hold the Diploma in Nursery Nursing or an alternative level 3 qualification appropriate for the care or development of children. A full list of suitable level 3 qualifications is available on the Department for Education and Skills Children's Workforce: Qualifications website.
- be employed in a maintained early years school or nursery.

HEALTH (NHS Bodies)

Basic criteria to be met by all applicants

1 All applicants must be employees of:

  • Health Protection Agency
  • NHS Primary Care Trusts;
  • NHS Trusts;
  • NHS Ambulance Trusts
  • NHS Mental Healthcare and Social care Trusts;
  • The National Blood Transfusion Service;
  • NHS Direct;
  • NHS Professionals Special Health Authorities;
  • NHS GP surgeries;
  • NHS Dental practices that have been awarded NHS Body status. Where dental practices provide NHS services via a contract the NHS will provide a letter confirming their status as an NHS Body.

Priority groups for assistance

2. Within these employer organisations eligible key workers will include:

  • All clinical staff employed by the NHS except doctors and dentists. The following are examples of included clinical roles (this is not an exhaustive list):
  • Nursing staff in general;
  • Cancer services staff;
  • Diagnostic support staff including diagnostic radiographers, microbiologists, rehabilitation engineers, phlebotomists and bio-medical scientists;
  • Health Care Assistants;
  • Mental health professionals e.g. mental health nurses and graduate workers in primary care;
  • Midwives;
  • Social workers;
  • Occupational therapists;
  • Nursery nurses (qualified to level 3);
  • Chiropodists;
  • Physiotherapists;
  • Clinical staff working within the Orthoptics field;
  • Clinical staff working within the Dietetics field;
  • Clinical staff working within the Prosthetics field;
  • Speech Therapists;
  • Arts Therapists;
  • Paramedics;
  • Ambulance staff with clinical skills including technicians;
  • Psychologists;
  • Psychotherapists;
  • Physiologists;
  • Radiographers;
  • Pharmacists and pharmacy technicians;
  • Post mortem officers;
  • Operating Department Practitioners;

Any NHS employee performing a role eligible in one of the other sectors will be eligible.

Those staff performing administrative roles or functions where the core skills are not peculiar to clinical organisations (e.g. IT specialists, catering staff, cleaners, maintenance staff) are not entitled.

THE CHILDREN AND FAMILY COURT ADVISORY AND SUPPORT SERVICE

Fully qualified social workers (also know as Guardians) and children’s social workers, employed by CAFCASS and have attained the recognised professional social worker degree/diploma are eligible.

POLICE

Bedfordshire Police

All applicants must be:

  • Serving Police Officers or Police Community Support Officers
  • Fingerprint office
  • Crime Scene Investigator

Cambridgeshire Police

All applicants must be:

  • Serving Police Officers or Police Community Support Officers

City of London Police

All applicants must be:

  • Serving Police Officers or Police Community Support Officers

Essex Police

All applicants must be:

  • Police Officers of federated ranks who have successfully completed 26 weeks initial probationer training and have a minimum of five years to serve.
  • Police Community Support Officers who have successfully completed the initial probationer training and have a minimum of five years to serve.

Hampshire Police

All applicants must be:

  • Frontline Operational Staff - which includes police officers, police community support officers and civilian investigators
  • Frontline Operational Support Staff - which includes station enquiry staff, detention officers, scientific services and scenes of crime staff, control room staff and intelligence analysts

These lists are not exhaustive.

Hertfordshire Police

All applicants must be:

  • serving Police Officers up to and including the rank of Inspector
    who have completed initial training and who have a minimum of five years left to serve. This would include officers transferring from other forces
  • serving Police Community Support Officers who have completed initial training and who have a minimum of five years left to serve. This would include officers transferring from other forces

Priority will also be given to officers in specialisms where there is a skills shortage.

Kent Police

All applicants must be:

  • Serving Police Officers or Police Community Support Officers
  • Communication Officers (levels 1-5)
  • Detention Officers
  • FIB Operators (Disclosure)
  • Forensic Nurse Practitioners
  • Public Enquiry Officers
  • Caseworkers
  • Crime Administration Clerks
  • Tape Summariser/WP Operator.(This is one job role)

Norfolk Police

All applicants must be:

  • Serving Police Officers or Police Community Support Officers
  • Anti-Social Behaviour Co-ordinator

Suffolk Police

All applicants must be:

  • Serving Police Officers or Police Community Support Officers

Sussex Police

All applicants must be:

  • Serving Police Officers or Police Community Support Officers who have completed their initial 18 weeks training

Civil Nuclear Constabulary

All applicants must be:

  • Serving Police Officers or Police Community Support Officers based in Kent, Suffolk or Oxfordshire
  • have completed their initial training

Thames Valley Police

Basic criteria to be met by all applicants:

  • Police Officers must have a minimum of 5 years service remaining to apply for the schemes;
  • Police staff in the following posts who have successfully completed their six month probation period:
  • Post Title
  • Airwave Systems Officer/Manager/Radio Comms/Tetra
  • Burglary Investigator
  • Case Investigator
  • Case Worker (Complaints and Discipline)
  • CIMU (Crime and Incident Management Unit) Operator
  • Community/Race relations Co-ordinator
  • Computer Forensic Support Technician
  • Control Room Operators
  • Coroners Officer
  • Crime Analyst/Officers
  • Crime Intelligence Analyst/Officers
  • Crime Partnership Co-ordinator
  • Crime Reduction Adviser
  • Drugs Co-ordinators
  • EOD Srch/Adv Dog Handler
  • FIB Intelligence Officer / ResearcherFile Quality Manager/Officer
  • Financial Investigator (Fraud Squad)
  • Fingerprint/Photographic Officer
  • Firearms Enquiry Officer
  • Football Liaison Officer
  • Force Armourer
  • Forensic and Investigations Manager/Officers
  • Holmes Indexer
  • Justice Administrator Manager / Identification Procedures Manager
  • Licensing Officer
  • Mutual Aid and Operations Co-ordinator
  • Operational & Investigative Skills Trainer
  • PEC Operators/Managers
  • Police Community Support Officers
  • Police Driving Trainers
  • Restorative Justice Advisor & Youth Intervention Officer
  • Retail theft initiative Co-ordinator
  • Scenes of Crime Officers
  • Sex Offender Officers/Managers
  • Statement Taker/Case Worker, CID
  • Station Duty Officers (SDO)
  • Vehicle Examiner
  • Volume Crime Scene Examiner
  • Warrants Officer

Permanent civilian staff employed by Thames Valley Police Force as Operators, Team Leaders or Bureaux Supervisors working within the Police National Computer, Phoenix or Disclosures Bureaus, providing they have successfully passed their probationary period.

Surrey Police

Basic criteria to be met by all applicants

- Serving Surrey Police Officers and Police Community Support Officers
- The following Police staff are also eligible once they have completed their 6 months probationary period:

  • ANPR Operator
  • Borough Investigative Assistant
  • Borough Investigative Case Builder
  • Call Handling Operator (Civilian) Contact Centre
  • Contact Centre Business Manager
  • Contact Centre Duty Supervisor
  • Coroners Officer
  • CRB Centre Supervisor
  • CRB Manager
  • CRB Operator
  • Crime Desk Investigator
  • Criminal Investigator
  • Detention Officer
  • Detention Officer Designate
  • Divisional Custody Manager
  • Force Station Officer
  • Incident Handling Centre Duty Supervisor
  • Incident Handling Operator
  • Investigating Officer - Prisoner Handling
  • Investigating Officer (Level 1)
  • Investigating Officer (Level 2)
  • Investigating Officer (Level 3)
  • Investigation Team Investigative Assistant
  • Investigative Assistant - Volume Crime
  • MCIT Investigating Officer (Level 1)
  • OSC Communications Operator
  • Police Community Support Officer
  • Police Counters Officer
  • Police Counters Supervisor
  • Prevent and Deter Youth Worker
  • Roads Policing Support Officer (BCU)
  • Roads Policing Support Officer (SRU)
  • RPCSO
  • Scenes of Crime Manager
  • Senior Coroner Officer
  • Stolen Vehicle Unit Officer
  • Volume Crime Scene Investigators
  • Youth Community Support Officers
  • Anti Social Behaviour Co-ordinator
  • Anti-Social Behaviour Case Manager
  • Anti-Social Behaviour Manager
  • Arson Task Force Intelligence Researcher
  • Casualty Reduction Officer
  • Central Drugs Stores Submission Officer
  • CHIS Intelligence Co-ordinator
  • CIU Investigators
  • Civ. Div. Drug Financial Invest. Officer
  • Collision Investigation Unit Officer
  • Collision Investigator
  • Crime Prevention Officer
  • Crime Reduction Design Advisor
  • Data Bureau Manager
  • Data Bureau Operator
  • Data Bureau Senior Operator
  • Data Bureau Supervisor
  • Deputy Force POLSA
  • Deputy Principal Analyst
  • Deputy to Emergency Planning Officer
  • Director of Scientific Services
  • Disclosure Officer/Investigative Assistant
  • Divisional Anti-Social Behaviour Case Manager
  • Divisional Anti-Social Behavoiur Case Builder
  • Divisional Briefing and Debriefing Officer
  • Divisional Drugs Liaison Officer
  • Divisional/Force Intelligence Researcher
  • Divisional/Force Intelligence Researcher
  • Emergency Planning Officer
  • Financial Investigation Officer
  • Financial Investigative Supervisor
  • Financial Investigator (FIU)
  • Fingerprint Department Team Leader
  • Fingerprint Department Trainer
  • Fingerprint Officer Grade 1 (Expert)
  • Fingerprint Officer Grade 2
  • Fingerprint Officer Grade 3
  • Fingerprint Recognition Officer
  • Fingerprint Technical Support Manager
  • Forensic Computer Analyst
  • Forensic Intelligence Officer
  • Forensic Photographer
  • Head of Fingerprint Dept
  • Head of Intelligence Analysis
  • Head of Major Crime Review Team
  • Head of SOCO
  • HOLMES / Disclosue Officer
  • HOLMES Exhibits/Disclosures Officer
  • HOLMES Support Officer
  • IDR Analyst
  • Intelligence Analyst (higher)
  • Intelligence Analyst (Junior)
  • Intelligence Officer Surrey Paedophile On Line Investigation Team
  • Investigation Team Officer CIU
  • Investigative Assistant - Commercial Crime
  • Investigative Coach
  • Laboratory Submissions Authorising Officer
  • Licensing and Enquiries Officer
  • Licensing Investigator
  • Local Intelligence Officer (see appeal 16-12-03)
  • Mobile Support Divisional Analyst
  • OSC Intelligence Officer
  • Photographic & Video Lab Manager
  • Photographic Technician
  • Police Dog Instructor
  • Principal Video/Audio Process Technician
  • Prison Liaison - Intelligence Interview (Debrief) Assistant
  • Review Investigator
  • Safety Camera Imaging Technician
  • Scenes of Crime Manager MCIT
  • Senior Imaging Technician
  • Senior SOCO: Second Evaluation
  • Senior Strategic Intelligence Analyst
  • Snr. Forensic Photographer
  • SOCO I
  • SOCO II
  • SOCO Team Leader
  • Special Branch Counter Terrorist Security Advisor
  • Submissions Officer, Central Drug Stores
  • Technical Support Officer
  • Telecommunications Liaison Officer
  • Telecommunications Liaison Unit and Central Authorities Bureau Officer
  • Video/Audio Processing Technician

Metropolitan Police

Basic criteria to be met by all applicants

• a serving Police Officer, including those within the Royal Parks constabulary, who has been in post for six months or more i.e. once they have completed the initial training at Hendon, or a Police Officer transferring from another constabulary who cannot be housed in police quarters
• A member of police staff who is directly employed and has been in post for six months and is in one of the following priority posts:

  • Communications Officers
  • Scientific Support Team
  • Crime Analysts
  • Station Reception Officers (staff undertaking this role and based at Lewisham,
  • Bromley and Sutton Station are excluded as they are employed by a private sector organisation)
  • Civilian Gaolers
  • Police Community Support Officers
  • Intelligence Analyst/ Researcher
  • Financial Investigator
  • Custody Nurse
  • IBO Staff
  • Coroner’s Officer
  • Witness Support Staff
  • Burglary Investigator
  • Evidential Imaging Officer
  • Crime Management Unit Officer
  • Telephone Investigation Unit Staff
  • Firearms Enquiry Officer
  • Football Liaison Officer
  • Restorative Justice Officer
  • Neighbourhood Watch (non administrative roles)

BRITISH TRANSPORT POLICE

Basic criteria to be met by all applicants

Staff must have at least five years left of service and be based at stations in:

  • Norwich
  • Peterborough
  • Cambridge
  • Ipswich
  • Milton Keynes
  • Southend
  • Reading
  • London
  • Guildford
  • Southampton
  • Portsmouth
  • Brighton
  • Gatwick
  • Croydo
  • Chatham
  • Ashford

Applicants must be:

  • Police Officers or Community Support Officers who have successfully completed initial training i.e 32 weeks service
  • Crime Analysts or Senior Crime Analysts
  • Communications Officer
  • Civilian Scene of Crime Officer
  • Community Race Relations Analyst

HM PRISON SERVICE ESTABLISHMENTS

All HM Prison Service establishments located in the 3 KWL regions are eligible for KWL assistance.

However, employees of prisons run by private contractors are not eligible as key workers. This includes the following prisons:

  • HMP Altcourse;
  • HMP Ashfield;
  • HMP Bronzefield;
  • HMP/YOI Doncaster;
  • HMP Dovegate;
  • HMP/YOI Forest Bank;
  • HMP Lowdham Grange;
  • HMP/YOI Parc;
  • HMP Peterborough;
  • HMP Rye Hill;
  • HMP Wolds

This list may be subject to occasional change. All amendments to the list will be published on the HMPS website. Please see the link below.

http://www.hmprisonservice.gov.uk/prisoninformation/privateprison/

In addition to working in one of the establishments applicants must also be from one of the following disciplines:

  • Prison Officers and related grades;
  • Nursing and other clinical Staff;
  • Operational Support Grades (OSGs);
  • Industrials;
  • Instructional Officers
  • LEA Employed FE Teachers

The following job roles are eligible;

  • Grade Short descriptor
  • Industrial Grades 1, 2, 3, 4, 5 Craft grades
  • Instructional Officer Prisoner workshop instructor
  • Nursing Grades A, B, C, D, E, F, G & other clinical staff Clinical NHS grades
  • Operational Support Grade Uniformed support grade
  • Principal Officer Uniformed prison officer management grade
  • Prison Officer Basic uniformed officer grade
  • Psychologist Working on prisoner programmes
  • Psychological Assistant Prisoner programmes support grade
  • Senior Officer Uniformed prison officer management grade

Within this group, the highest priority should be given to first line and other managers with experience elsewhere. This will assist the recruitment of prison officers from elsewhere in the country to jails in London and the South East. The next highest priority should be the direct recruitment of staff in the grades listed above to the prisons in the table above.

PROBATION SERVICE

Within the Probation Service: Senior Probation Officers, Probation Officers, Probation Service Officers and other operational staff (except Assistant Chief Officers) who work directly with offenders.

HIGHWAY AGENCY TRAFFIC OFFICER STAFF

All applicants must be in the following safety critical roles:

  • Supervisor (On road and Off road)
  • Traffic Officer
  • RCC Operator

LOCAL AUTHORITY PLANNERS

All applicants must:

  • be employed in a Local Planning Authority (LPA) (including National Parks Authority) as a professionally qualified Planning Officer delivering statutory planning services, whether that is in the area of development control or development plan production. This includes the following grades:
  • Level 1 Basic Professional
  • Level 2 Experienced/Senior Professional
  • Level3 Principal Professional – manage a single function or small team
  • Level4 Divisional Head.

Terms like Conservation Officer, Enforcement Officer or and Tree Preservation Officer fall within the categories of Level 1 to Level 3.

OTHER LOCAL AUTHORITY STAFF

Other eligible key workers employed by local authorities are:

  • Nurses and other clinical staff directly employed by Local Authorities to provide nursing/clinical care can be assisted in the same way as equivalent staff employed in the National Health Service;
  • Fully qualified Social Workers and Children's Social Workers who are registered with the General Social Care Council (GSCC) and who have attained the recognised professional Social Worker degree/diploma are eligible for all KWL products;
  • Unqualified Social Workers who are registered with the GSCC and currently working towards attaining such qualifications (including Graduate trainees) can access the Intermediate Rent product only;
  • Qualified nursery nurses;
  • Qualified Therapists including but not exclusively Occupational Therapists, Speech and Language Therapists, Rehabilitation Officers for the Visually Impaired;
  • Qualified Educational Psychologists
  • Environmental Health Officers/Practitioners who work in a local authority, government agency, NHS or other public sector agencies AND who hold either an EHRB Certificate of Registration or an EHRB Diploma in Environmental Health.

CONNEXIONS PERSONAL ADVISORS

Connexions Personal Advisors can be accepted as eligible key workers provided they are employed by a local authority or a Connexions Partnership. CPAs employed by a private or voluntary sector organisation ARE NOT eligible.

FIRE AND RESCUE SERVICES

Uniformed staff below principal level in the following Fire and Rescue Services and Regional Control Centre staff who deal with emergency call handling on behalf of the Fire & Rescue Service are eligible once they have successfully completed their initial training. Length of training may vary dependant on Service:

  • Bedfordshire & Luton
  • Buckinghamshire
  • Cambridgeshire
  • East Sussex
  • Essex
  • Hampshire
  • Hertfordshire Fire and Rescue Service
  • Isle of Wight
  • Kent
  • London
  • Norfolk
  • Oxfordshire
  • Royal Berkshire
  • Suffolk
  • Surrey
  • West Sussex

Control Room Staff in the following Fire and Rescue Services are eligible once they have successfully completed their initial training. Length of training may vary dependant on Service:

  • Buckinghamshire
  • Oxfordshire
  • Royal Berkshire
  • London
  • Hertfordshire Fire and Rescue Service
  • West Sussex
  • East Sussex

MINISTRY OF DEFENCE PERSONNEL

MoD personnel qualify for New build Homebuy and Open Market HomeBuy where:
They have completed their basic (phase 1) training and they are one of the following:

  • Regular service personnel (including Military Provost Guard Service, in the Navy, Army and Air Force)
  • Clinical staff (with the exception of doctors and dentists)
  • MOD Police Officers
  • Uniformed staff in the Defence Fire Service
  • Ex-Regular service personnel who have served in the Armed Forces for a minimum of six years, and can produce a Discharge Certificate (or similar documentation) as proof, where they apply within 12 months of the date of discharge from service
  • The surviving partners of Regular service personnel who have died in service, where they apply within 12 months of the date of being bereaved. For details of how surviving partners are defined, please see the link below.

Word DocMOD surviving partners guidance

Where there is any doubt regarding the key worker eligibility of any MOD employee, CLG should be contacted in the first instance.

To qualify for Intermediate Rent schemes:

  • Individuals are in one of the above roles
  • Full Time Reserve Service (Full Commitment)
  • Individuals need not have completed their Phase 1 Training
  • There is no requirement to have 5 years Service remaining

There will be some service personnel such as the Ghurkhas and those from Foreign and Commonwealth countries that qualify under the criteria but do not have indefinite leave to remain (ILR). A Ghurkha is guaranteed indefinite leave to remain on completion of their term of service but no such guarantee applies to FCO personnel. Immigration status should be taken into account by the RSL in deciding whether an applicant can sustain the costs of home ownership. We would encourage RSLs to highlight this in marketing material in order to manage the expectations of groups without ILR.

2.2.5 Long Service Advance of Pay

The MoD offer their personnel a loan to assist with the costs of buying a house. This loan is called Long Service Advance of Pay and cannot exceed £8,500. LSAP can be used in conjunction with New Build HomeBuy as long as the RSL's interest has priority over the loan.
Prior to 01 October 2008 LSAP was formerly required to be secured through a charge on the property purchased. However, from 01 October 2008, the MoD has removed this requirement from all properties purchased after that date with the assistance of LSAP. The change was implemented retrospectively, and the charge will be removed from all relevant property titles at the land registry in due course.
Where the LSAP has already been converted to a crown debt, the charge will remain.
Any queries in respect of this change should be directed to the MoD.

With regards to applicants from the MoD, HBA should use the following form ( Confirmation of Eligibility) at the point they receive the application. Word DocMoD Eligibility Form

2.3.3 - Clawback

For MoD personnel, the clawback time period to repay the equity loan for OMHB is 5 years and not 2 years as for other key workers.

2.4.5 Example

Divorce - There could be circumstances where a court is considering the terms of the property settlement that could result in the property being transferred to a non-key worker.

The leaseholder will serve the RSL landlord with an application form indicating the intention to proceed for ancillary relief, i.e. a property transfer order. The RSL landlord must ask to see the financial statement, setting out the applicant's financial situation and agree with the Corporation whether it is appropriate to defer or waive the clawback, should the court decide that immediate sale of the property would not be advisable.

As a general rule clawback must be applied as usual if there are:

  • 1. no children; or
  • 2. there are children, but both parties can be adequately housed from the proceeds of the sale.

Waiver or deferral clawback would normally only be considered if there are children under the age of 18 or in full time education, and re-housing would be difficult, or other extenuating circumstances apply

2.5.1 Guidance on tax and National Insurance contributions arising from the assistance provided to key workers under KWL

Tax Guidance Note: Key Worker Housing Schemes

Introduction

1. This note, which has been agreed with HM
Revenue and Customs, sets out the main tax and National Insurance contributions (NICs) issues which need to be taken into account for the different types of housing assistance which may be provided to key workers.

2. Benefits received by reason of a person's employment are generally taxable and liable for NICs, but the precise treatment can vary according to the form of the benefit and the arrangements for its provision.

3. Guidance on the treatment of assistance provided by rental and home ownership schemes is set out below.

Rented Housing

Cash assistance

4. Where an employer or anyone else pays a contribution towards the key worker’s rent, the contribution would be treated as income and taxed at the rate applying in the worker's circumstances (e.g. at the basic rate of 22% or higher rate of 40% - 2003-04 rates). The contribution would also be liable for Class 1 (employer and employee) NICs.

Indirect financial assistance – e.g. land or building cost subsidies

5. Where the assistance for key worker rented housing takes the form, not of a cash rental subsidy, but of land provided free or at a discounted price to (usually) a registered social landlord (RSL), or a subsidy for the land purchase or towards the building costs, tax and NICs liability can also arise, because the accommodation assistance is provided by reason of the employment. The employee will therefore be liable to tax and, where the key worker earns more than £8,500 a year (including benefits), a Class 1A NICs liability will arise. Class 1A does not apply to employees, but is payable by the employer or - if exceptionally the employer has played no part in securing the benefit for its employees - by the person providing the benefit.

6. The liability is calculated as set out below.

(I) First, the basic charge on employment-provided accommodation. Here the amount of the benefit is, under long-established practice, based upon the gross rating value (GRV) of the property. The GRV system is now defunct, but continues to be used as a measure of the benefit for this tax purpose. For new properties (or other properties for which a GRV does not exist), the provider of the benefit (usually the RSL) will need to estimate what the GRV would be, by reference for example to broadly comparable properties where GRV has been established.

(II) In addition, a further charge can arise on a property where the employer or any other person who is providing the accommodation (or anyone connected with them) incurs costs of more than £75,000 per home. Here the benefit is calculated by reference to an `official` rate of interest (currently 5%) on the excess cost over £75,000.

The amount of rent paid by the employee is then deducted from the benefit calculated under (I) and - where relevant - (II). Tax and Class1A NICs are payable on this net benefit figure. Where the rent is equal to or exceeds the total, no tax or NICs liability would arise.

N.B. For the calculation under (II), where there is more than one person incurring costs in providing the accommodation, only the highest contribution is taken into account: and, as noted, an additional charge only arises on any excess over £75,000.

Example

• A local authority sells land (which it has owned for a number of years) to a RSL for a 40-home key worker rented housing development. At date of sale, the land has a market value of £3m but, since key workers include employees of the local authority, the authority sells it for £2m.
• Building costs to the RSL are £4m, but the RSL receives £400,000 Grant from Central Government to assist the scheme.
• Notional GRV for each home is £1200 pa. Each employee pays £100 per week rent (£5,200 pa).

Tax and NICs consequences:

Basic Charge
The basic charge is on £1200 GRV; but this is fully offset by the rent paid, so no basic charge arises.

Additional Charge
• An additional charge arises by reference to the highest cost contribution on any excess over £75,000.

• Here there are three contributors to the housing provision:
(i) the local authority, providing land worth £3m,*
(ii) Central Government with a building cost subsidy of £400,000,
(iii) the RSL with total costs (land and buildings) of £6m.

(a) Local authority provision of £3m works out at £75,000 per employee; so no tax or NICs additional liability arises.

(b) Central Government subsidy of £400,000, i.e. £10,000 per employee; again no additional tax or NICs charge.

(iii) RSL costs of £6m, which works out at £150,000 per employee. The tax and NICs charge is 5% of £75,000 (excess cost over £75,000) which is £3,750 pa.

So the total benefit is:

(i) £1200 basic charge
(ii) £3750 additional charge

Total: £4,950 benefit.

But this is fully offset by the rent paid of £5,200 pa, so no tax or NICs liability arises.

N.B. Even if there had been more than one chargeable contributor whose cost
exceeded £75,000 only one contributor's cost would count for the additional charge. For example, if the market value of the land at (i) had been £4m instead of £3m, this
would have involved a cost per employee of £100,000. But this remains less than the cost provision at (iii), so would still be ignored in calculating the additional charge.

It is expected that the levels of rent paid will generally be equal to or above the chargeable benefit; on this basis little or no tax and NICs liability is likely to arise.

*Where the provider (here the local authority) of the land acquired it less than 6 years before the sale, the cost to the provider of acquiring that land – and not market value - is used to measure the cost contribution.

Rental guarantee schemes

7. A tax charge would arise on rental guarantee schemes only if the guarantee was actually called upon to make a payment. The treatment would then be in line with the treatment of cash assistance as set out at Paragraph 4 above.

Home ownership schemes

Indirect financial assistance - e.g. land or building cost subsidies

8. As with the guidance above on indirect financial assistance for rented housing, a tax liability may arise on shared ownership and shared equity schemes. For instance if the GRV of the property is £1200, and half of the property is owned by the key worker and half by a third party e.g. RSL or employer, tax and NICs would be chargeable on £600. If the key worker pays rent of £600 or more per year on the half share of the property they do not own, this extinguishes the benefit and no tax or NICs would be payable subject to the further condition in Paragraph 9 below.

9. Where the share of the property owned by the RSL, employer etc cost one of the bodies more than £75K to provide, an additional tax charge arises as set out at Paragraph 6 above in relation to the share of the property that the key worker does not own.

Interest free and low interest loans including equity loans

10. Loans made on beneficial terms to employees are taxable benefits if they are made, or arranged, guaranteed or facilitated in any way, by the employer. In addition, Class 1A NICs (employer only, not employee) are also payable on the taxable benefit.

11. No tax or NICs are chargeable on loans where:

  • an interest-free or low-interest loan (including equity loans) of any amount is advanced by someone with no connection with the employer, and it is not arranged, guaranteed or facilitated by the employer; or
  • an interest -free or low-interest loan (including equity loans) not exceeding £5,000 (or, if there is more than one loan, the total outstanding amount does not exceed £5,000) is advanced or arranged by the employer.

For example, if an RSL made an interest free loan (including equity loans) to a key worker using Grant funding and the key worker's employer had not been involved in arranging, guaranteeing or facilitating the loan, no tax or NICs charge would arise. In addition, the employer could separately advance an employee up to £5,000 as an interest free or low interest loan towards the house purchase (assuming the employee had no other beneficial loans from the employer) without a tax or NICs charge arising.

Situations where an employer is regarded as facilitating a loan will depend on the precise circumstances. Clearly however to avoid an employer connection it is necessary for independent third parties, such as RSLs, to select applicants for key worker housing, advance the loan and run the scheme independently of the employers whose employees stand to benefit. If an employer nominates its employees to receive assistance or has a say in the selection of individual applicants for assistance, this would be viewed as the employer arranging/facilitating the loan and tax/NICs would be chargeable. However, employers would not be regarded as facilitating loans where:

  • a scheme was run for a particular occupational group or groups, such as teachers or nurses, in a particular area;
  • employers provided information to scheme administrators about the skill groups in which they faced particular shortages, such as maths teachers, and this information was used by scheme administrators to prioritise applications;
  • employers provided information to their employees about the scheme, and provided any information required by scheme administrators to verify the information contained in applications from key workers, but had no influence on the selection or certification of individual applicants or the granting of loans.

12. If a tax charge does arise in connection with loans made on beneficial terms, the tax is calculated by reference to the difference between the interest payable on the loan and the 'official rate' (which is currently 5%). For example, an interest free taxable loan of £30K would give rise to an employee tax benefit of £1500 (£30,000 x 5%) on which tax at the basic rate (currently 22%) would be £330. Class 1A NICs is payable on £1500 at the rate applicable when the benefit was provided. So for benefits provided in 2003-04, when the Class1A rate is 12.8%, the NICs would be £192. If the employee's total income were sufficiently high, tax at the higher rate of 40% would become chargeable. Tax and Class 1A NICs would continue to be chargeable each year on the yearly average loan balance outstanding.

13. If the employee left that employment and the loan continued on the same terms (irrespective of whether the employee took any new employment), the beneficial loans tax charge would continue to apply only if and when the cumulative annual benefit of the loan, together with any other sum of money or benefit provided on account of leaving that employment (excluding arrears of pay or a pension or otherwise taxable amount) exceeded £30,000. It would be the responsibility of the previous employer/maker of the loan to keep track of these amounts and report them to the Revenue if tax appeared to become due. In respect of NICs where an employee has left the employment with the employer providing the loan, no Class1A NICs will be due.

14. The amount repaid in respect of an equity loan when the property is sold will be that proportion of the sale proceeds, which the loan advanced, bore to the original cost of the property. In these circumstances changes in the amount repayable compared with the amount of the original loan would have no impact on any amount of the tax and NICs liability which will have become due while the loan was outstanding.

15. Further guidance about the tax and NICs implications of a particular key worker housing scheme can be obtained from HM
Revenue and Customs on 0207 438 7764/7843 or at email addresses tony.gray@ir.gsi.gov.uk;
or maria.davies@ir.gsi.gov.uk

 

Last updated: 10 February 2010