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Housing Assistance Payments Eligibility

Dáil Éireann Debate, Tuesday - 3 November 2015

Tuesday, 3 November 2015

Questions (1096, 1097, 1098, 1099)

Catherine Murphy

Question:

1096. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government how it is intended to proceed in cases of renewals or existing rentals where landlords indicate that they are happy to offer the housing assistance payment, but request market rent already paid; to accommodate the rights of current tenants receiving supports, where rents are above the maximum limits, as set out; what flexibility will be given to these tenants; what security of tenure they will be afforded; and if he will make a statement on the matter. [38205/15]

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Catherine Murphy

Question:

1097. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government if he intends to offer the housing assistance payment to both rent supplement and privately renting households; how he intends to prioritise cases; and if he will make a statement on the matter. [38206/15]

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Catherine Murphy

Question:

1098. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government how he intends to manage the transfer of rent supplement applicants to the new housing assistance payment system, where applicants have been assessed by the Department of Social Protection under Article 38 of the Social Welfare (Supplementary Welfare Allowance) Regulations (Statutory Instrument No. 402 of 2007); if he intends to implement those maximum rent limits that are up to 50% lower in most cases; and if he will make a statement on the matter. [38207/15]

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Catherine Murphy

Question:

1099. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government the processing time guidelines he plans to implement for housing assistance payment applications; the intended lead-time for landlords awaiting acceptance decisions, and the proposed application to payment times to manage the expectations of applicants; and if he will make a statement on the matter. [38208/15]

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Written answers

I propose to take Questions Nos. 1096 to 1099, inclusive, together.

The implementation of the Housing Assistance Payment (HAP) scheme is a key Government priority and a major pillar of the Social Housing Strategy 2020.

The HAP scheme is deemed to be a social housing support under the Housing (Miscellaneous Provisions) Act 2014. As a long-term housing support, an assessment of housing need must be completed in order for a household to qualify for HAP. Any household with an identified housing need is eligible for HAP. The Social Housing Assessment Regulations 2011 provide that subject to conditions, a housing authority shall deal with such an application within a period of 12 weeks. Local authorities will prioritise housing needs assessments for those in greatest need and average waiting times are significantly shorter than the statutory maximum in many areas. To be eligible for HAP, a person must first apply for and be approved for social housing support by the relevant local authority.

Under the HAP scheme, eligible households source their own accommodation in the private rented sector, payments are made electronically directly to the landlord on behalf of the tenant, and the tenancy agreement is between the HAP recipient and the private landlord. Accordingly, the tenancy will be covered under the terms of the Residential Tenancies Act 2004 and the landlord must register the tenancy with the Private Residential Tenancies Board (PRTB) as part of a landlord’s terms and conditions under the scheme.

HAP also provides for the transfer of responsibility for long-term recipients of rent supplement who have a recognised housing need from the Department of Social Protection to the local authority sector, thus bringing all long-term social housing supports provided by the State together under the local authority system. Upon its introduction in a local authority area, HAP will replace rent supplement for those with a long-term housing need and who qualify for social housing support; rent supplement will no longer be an option for applicants in such cases. Local authorities are taking an incremental approach to the transfer of recipients from Rent Supplement to HAP in their own areas. This involves close co-operation with local DSP offices and individual tenants. To date, over 4,500 households are being supported by HAP where the scheme is operational; 1,623 of these households have transferred from the Rent Supplement scheme.

The maximum rent limits for different household classes that apply in each local authority where HAP has been commenced are set out in regulations and are generally based on the Rent Supplement limits as set out by the Department of Social Protection (DSP). In prescribing these limits, household size and prevailing rents in the relevant areas are taken into consideration. My Department works closely with the Department of Social Protection and monitors data which it gathers, along with PRTB data, and data gathered through HAP pilot authorities, in relation to the rent limits applying.

In recognition of the need for greater flexibility in the challenging Dublin region rental market, the Minister for Public Expenditure and Reform and I have signed the Housing Assistance Payment (Amendment) (No.4) Regulations 2015, which provide for the introduction of HAP in Kildare and Meath County Councils with maximum rent limits equivalent to current Rent Supplement rates applicable in the neighbouring Dublin areas. In recognition of the need for additional discretion in areas of high rental demand, and similar to the approach followed in South Dublin County Council, these regulations also provide for an additional 20% flexibility above the maximum HAP rent limits that apply in the administrative areas of Cork City Council, Cork County Council, Galway County Council, Kildare County Council and Meath County Council. This approach mirrors and is informed by the approach already taken by the Department of Social Protection in the operation of the discretion available in the context of the Rent Supplement scheme. This increased flexibility will assist a greater number of qualified households, including those already in tenancies and those in receipt of increased Rent Supplement payments, secure and maintain suitable accommodation under the scheme. My Department will provide guidance for the relevant local authorities in the appropriate use of this increased flexibility. This matter will be kept under active review in all HAP pilot authority areas.

Limerick City and County Council is currently providing a highly effective transactional shared service on behalf of all HAP local authorities on an interim basis. The shared service “hub” currently manages all HAP related rental transactions for the tenant, local authority and landlord. Once a HAP application has been received and confirmed as valid by the relevant Local Authority, it is then processed in the transactional hub. Any rental payment arising for a given month will then be made to a landlord on the last Wednesday of that month. HAP rental payments are payable to the landlord from the date of confirmation of receipt of a valid and complete application form.

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