Regulation 22 of the Social Housing Assessment Regulations 2011 provides that an applicant household for long-term social housing support is ineligible for such support if a household member owns alternative accommodation that it could reasonably be expected to use to meet its housing need, either by occupying it or by selling it and using the proceeds to secure suitable accommodation. For this reason, if either member of a separated couple applies, local authorities require evidence of legal separation or divorce before considering a household's eligibility for long-term housing support, as the separation agreement will provide certainty regarding ownership of property.
Authorities have been given guidance on these provisions by my Department and by the Housing Agency and take account of them when making decisions on social housing assessment applications. I acknowledge, however, that situations may exceptionally arise that may not easily be dealt with under the current Regulations. My Department is currently reviewing the social housing assessment provisions and will consider what wider discretion might be given to housing authorities to address the individually difficult and complex cases which may present to them.