Decisions on eligibility of households for social housing support and the allocation of that support are solely a matter for housing authorities. 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 could reasonably be expected to be used 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, housing authorities require evidence of legal separation or divorce before considering a household's eligibility for long-term social housing support, as the separation agreement will provide certainty regarding property ownership.
My Department and the Housing Agency have provided guidance on these provisions to housing authorities. I acknowledge, however, that situations may exceptionally arise that may not be easily 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 difficult and complex cases which may present to them.
