Dáil Éireann Debate, Wednesday - 20 September 2017
793. Deputy Richard Boyd Barrett asked the Minister for Housing, Planning and Local Government the maximum amount a person in receipt of HAP is allowed to contribute towards rent; if this is stated in the legislation; and if he will make a statement on the matter. [39573/17]
View answerUnder the Housing Assistance Payment scheme (HAP), a tenant sources their own accommodation, the tenancy agreement is between the tenant and the landlord and is covered by the Residential Tenancy Act 2004 (as amended). The accommodation sourced should be within the limits of the prescribed maximum HAP rent limits, which are based on the household size and the rental market within that area. HAP applicants are informed of the maximum rent limits for their local authority area; these elements of the scheme are stated in the HAP Tenant Information Booklet, on the dedicated HAP website, www.hap.ie, and local authority staff are expected to explain them to each HAP applicant.
Recognising the pressures in the rental market, the Government increased the maximum rent limits available under the HAP scheme across the country with effect from 1 July 2016. Furthermore, additional flexibility above the existing HAP rent limits was made available to all HAP local authorities from the same date. Each local authority has statutory discretion to agree to a HAP payment up to 20% (enhanced support under the Homeless HAP scheme is statutorily provided for in the Dublin Region) above the prescribed maximum rent limit in circumstances where it is necessary, because of local rental market conditions, to secure appropriate accommodation for a household that requires it. It is a matter for the local authority to determine if the application of the flexibility is warranted on a case by case basis.
From available data, at the end of Q2 2017, 17.8% of the total number of households being supported by HAP were benefitting from the additional flexibility that was provided to local authorities to exceed the maximum rent limits. When the additional discretion available to homeless households in the Dublin Region is removed, 12.6% of households nationally were benefitting from the additional flexibility.
My Department is aware that some HAP recipients are making payments directly to their landlords, beyond the amount of HAP being paid on their behalf. There is no legislative provision precluding HAP supported households contributing towards the monthly rent to their landlord. Where a qualified household sources accommodation outside the maximum rent limits, it is important to highlight the responsibility falling on the household to ensure the landlord receives the full amount of rent charged for the property as set out in their tenancy agreement. In cases where the tenancy would clearly not be sustainable, local authorities have been advised to refuse HAP support for the accommodation sourced. It is also important to remember that households in receipt of HAP support can work full-time without losing their housing support, which is not the case for Rent Supplement recipients.
Ultimately, decisions in relation to levels of HAP support made available to individual households are a matter for the local authority concerned. Equally local authorities must assess the sustainability of each tenancy where a tenant proposes making additional payment beyond the HAP Payment to the landlord. The increased flexibility provided to local authorities offers them, as housing authorities, more capacity to assist households in securing rented accommodation that meets their needs. Currently over 27,000 households are having their housing needs met via HAP.
My Department continues to keep the operation of the HAP scheme under review. I am satisfied with how the HAP scheme is operating and I consider it to be a key vehicle for meeting housing need and fulfilling the ambitious programme under Rebuilding Ireland.
