I welcome the Minister of State once again to a Commencement matter that I have raised. An issue that has been brought to my attention repeatedly is one that I believe is leaving a lot of people in an extremely vulnerable housing situation following the breakdown of marriages or relationships. Let us imagine a couple who have worked hard, bought a family home, raised their children, and built a life together, and then unfortunately, their relationship breaks down. One person leaves the family home, but their name remains on the deeds or the mortgage. They may only own a share of that property on paper, but they cannot live in it, they cannot sell it, and they definitely cannot access the value for it. While the legal process continues, sometimes for a considerable period, as we know, where are they supposed to live? I have heard of people struggling to find accommodation, relying on family and friends, and facing situations that are simply unsustainable, and it is particularly relevant for men in these relationships. I acknowledge that the existing social housing assessment regulations make provision for people in these circumstances, and indeed, Housing Agency guidelines recognise that individuals awaiting the resolution of separation proceedings may qualify for the housing assistance payment, HAP, or the rental accommodation scheme, RAS. However, there is a difference between having a provision in legislation and having a system that works for people when they need it most. Are these provisions being applied consistently across local authorities? Are applicants being properly informed of their entitlements? Why are the supports available to some of these households restricted while their legal proceedings remain unresolved?

The second issue I want to raise is about income eligibility. In County Roscommon, the social housing income threshold is €30,000 and in County Galway, it is €35,000. A working parent can find themselves above these thresholds very easily, but nowhere near able to afford suitable accommodation in the private rental market, and this becomes even more difficult where children are involved. I also recognise that the current system provides additional allowances for dependent children and adult household members, and certain education income is disregarded also.

However, does a modest increase in the income threshold adequately reflect the financial reality of a separated parent supporting children through secondary school, college or further education while also trying to establish a second household? There is also a question of assessing income over the previous 12 months when someone's financial circumstances may have changed dramatically following the separation.

At the beginning of October, the Minister confirmed in the Dáil that the Department was already reviewing the social housing income limits. I am asking that the particular circumstances of separated families be specifically examined as part of that review. Will the Minister of State consider clearer national guidance on interim housing eligibility, greater flexibility where the former family home is inaccessible, and targeted income disregard or hardship provisions for separated parents supporting dependent children and young adults in full-time education?

Nobody should find themselves facing homelessness simply because a relationship has broken down and the legal or housing system cannot respond quickly enough. We need a system that recognises people's actual housing circumstances, not just what appears on a property deed or an income assessment.

I thank Senator Scahill for bringing this to the floor of the House, mainly because it is an issue right throughout Ireland. Whether someone is a TD or a Senator, we have individuals in those circumstances presenting to us and not knowing where to turn, so it is timely that the Senator is raising this. Hopefully, I can clarify what the current position is.

Applications for social housing support are assessed by the relevant local authority in accordance with the eligibility criteria set down in section 20 of the Housing (Miscellaneous Provisions) Act 2009 and the associated Social Housing Assessment Regulations 2011, as amended. Households shall be ineligible for social housing support if that household has alternative accommodation it could reasonably be expected to use to meet its housing need. However, where an applicant for social housing support owns accommodation occupied by a spouse from whom he or she is formally separated or divorced, a deed of separation is sufficient to set aside this ineligibility ground. It is not necessary to await judicial separation or divorce to get a decision on social housing support in these cases.

Local authorities may provide such households with social housing support under the rental accommodation scheme, RAS, or the housing assistance payment, HAP, scheme until ownership of the family home is resolved in a formal separation or divorce settlement. 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.

In relation to income thresholds, the 2011 regulation prescribed maximum net income limits for each local authority in different bands according to the area concerned, with income being defined and assessed according to a standard household needs policy. The income of all persons aged 18 years or over included in a social housing application is assessable for social housing assessment purposes. The policy provides for a range of income disregards, including child benefit and income earned by dependent children. A revised household means policy issued to all local authorities in March this year, which sets out that child maintenance payments, both paid and received, are not assessable and in all cases shall be disregarded for the purposes of assessing income.

The Department has been examining the existing social housing income limits in the context of current market and household income conditions, including the suitability or otherwise of the current framework, having regard to the significantly changed landscape since the standardised income limits were introduced. This includes examining the findings of research commissioned by the Department, and this work is ongoing. The Minister, Deputy Browne, expects that the analysis will be concluded shortly to facilitate the final determination on the next step. That comes to the second part of the Senator's question. I will certainly revert to the Minister, ensure that consideration is given to the points the Senator made in terms of income thresholds and how they are assessed, and ensure that that makes up part of the review that is being conducted at the moment. Hopefully, the review will be completed shortly and we will know exactly where we stand when it comes to income thresholds.

I thank the Minister of State very much. Only this morning, I received a text message from a constituent who told me he had contacted Citizens Information. He is separated and looking after his two kids. He is not entitled to social housing. He is not entitled to fuel support.

He is at a dead end because he cannot meet his financial commitments, which he is legally obliged to fulfil, while trying to establish the second household.

I also spoke to somebody in the past two weeks who works for the Department of Social Protection getting people off social welfare and into gainful employment. He finds himself €40 a week over the threshold that would entitle him, following a separation, to access social housing. One of his family members is in third level education, but he was not able to afford to continue to support him, so he is staying with him at the moment. While the individual is on jobseeker's payments and he is in employment, his son is eligible to apply for social housing, but not while they are sharing the house at the moment. There are many anomalies. I welcome that the Minister of State is looking at this and I hope he will try to address some of these individual anomalies. There are people at a low ebb who are badly affected by these unintended consequences. If we could do something to address it, it would be appreciated.

It is often males who are presenting in this situation for obvious reasons. This is why we introduced the fresh start principle for supports for purchasing new homes and things like the help to buy scheme. On social housing, I set out the policy that is there at the moment and what is needed to ensure, first and foremost, that an application for social housing is approved. We also need to increase the number of suitable homes for individuals. However, there is the added complexity of custody. What size house do we approve people for where perhaps they have three children who are mainly staying at home, for example, with the mother? What type of adequate housing do those people need to ensure that when they have custody they are able to accommodate their children? There are many complexities. That is why we need to look at it carefully. I appreciate the Senator raising the issue.