Local Authority Housing Applications

Dáil Éireann Debate, Tuesday - 23 April 2013

Tuesday, 23 April 2013

Questions (431)

Tom Fleming

Question:

431. Deputy Tom Fleming asked the Minister for the Environment, Community and Local Government If he will review the Social Housing Assessment Regulations 2011 whereby separated persons who are the joint owners of properties are currently deemed ineligible for social housing support unless they are separated under an order of a court of competent jurisdiction or by a deed of separation, in view of the fact that this regulation is too restrictive and makes it impossible for certain separated persons with a specific housing need to access social housing supports; if he will address this situation; and if he will make a statement on the matter. [18519/13]

Written answers

Minister of State at the Department of the Environment, Community and Local Government (Deputy Jan O'Sullivan)

I refer to the reply to Question No. 634 of 16 January, 2013, which sets out the position in this matter. Regulation 22(1) of the Social Housing Assessment Regulations 2011 provides that a household with alternative accommodation that would meet its housing need is ineligible for social housing support. Paragraph (2) of the Regulation clarifies that paragraph (1) does not operate to exclude from eligibility for social housing support an applicant who owns accommodation that is occupied by his or her spouse, from whom he or she is formally separated or divorced. Under the enactment, a deed of separation is sufficient to set aside this ineligibility ground and it is not necessary to await judicial separation or divorce to get a decision on social housing support in these cases. This provision is reasonable in most cases.

I acknowledge, however, that situations relating to household members who have separated may exceptionally arise that may not easily be dealt with under the current Regulations. My Department is keeping the social housing assessment provisions under review and will consider what wider discretion might be given to housing authorities by way of Regulations to address the individually difficult and complex cases which may present to them.