Written answer
Housing Policy
Households whose property ownership is unresolved may qualify for RAS or HAP, regardless of marital status, subject to periodic review and transfer restrictions.
694. Deputy Ken O'Flynn asked the Minister for Housing, Local Government and Heritage if the is aware that the exemption in the Social Housing Assessment Regulations 2011 in circumstances (details supplied); the supports available to such a household while the ownership of the property remains unresolved; if he will consider amending the regulations to treat such a cohabiting parent on the same basis as a separated spouse; and if he will make a statement on the matter. [64758/26]
Comment on this
In determining the eligibility of individual households for social housing support, local authorities have regard to section 20 of the Housing (Miscellaneous Provisions) Act 2009 and the Social Housing Assessment Regulations 2011, as amended which set down the eligibility criteria for such support.
Section 49(2)(e) of the Housing (Miscellaneous Provisions) Act 2014 amended section 20 of the 2009 Act to deal with situations where a housing authority is unable to establish for the time being whether alternative accommodation is available to a household that would meet its housing need because ownership of the property remains unresolved. The amendment provides that, where such a household is otherwise qualified for social housing support, the household will, subject to review by the housing authority at prescribed intervals, be entitled to the Rental Accommodation Scheme (RAS) or the Housing Assistance Payment (HAP) scheme until ownership of the home is resolved. This provision refers to a household and is not restricted to couples who are/were married.
Support in these circumstances will be reviewed by the local authority at prescribed intervals and the household will not be able to transfer to other forms of social housing support while ownership of the family home remains to be determined. However, where the household ultimately qualifies for the full range of social housing supports, the length of time the household was supported under RAS or HAP will be reckonable for the purposes of determining the household’s relative priority for a transfer to local authority social housing.