Dáil Éireann Debate, Tuesday - 10 November 2020
379. Deputy Noel Grealish asked the Minister for Housing, Local Government and Heritage if a person relinquishes all interest in a family home can they be allocated a social house; and if he will make a statement on the matter. [34747/20]
View answerApplications for social housing support are assessed by the relevant local authority, in accordance with the eligibility and need criteria set down in section 20 of the Housing (Miscellaneous Provisions) Act 2009 and the associated Social Housing Assessment Regulations 2011, as amended.
Under Section 20 of the Housing (Miscellaneous Provisions) Act 2009 and Regulation 22(1) of the Social Housing Assessment Regulations 2011, a household shall be ineligible for social housing support if it has alternative accommodation that the household could reasonably be expected to use to meet its housing need, either by occupying it or by selling the accommodation and using the proceeds to secure suitable accommodation suitable for the household’s adequate housing.
However, Regulation 22(2) of the 2011 Regulations provides that this ineligibility does not apply where an applicant for social housing support 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. The rationale for this exception is that the terms of a formal separation or divorce will provide for the future ownership and occupation of the family home and it will be clear whether the household that has left the family home can return to live there.
In order to provide more flexibility to local authorities to deal with cases where the ownership of the family home had not yet been finalised, the Housing (Miscellaneous Provisions) Act 2014 amended section 20 of the 2009 Act and local authorities may now provide such households with social housing support under the Rental Accommodation Scheme or the Housing Assistance Payment scheme until ownership of the family home is resolved in a formal separation or divorce settlement.
The 2014 Act amendment provides that support in these circumstances will be reviewed by the local authority at prescribed intervals and the household will not be able to transfer to other forms of social housing support while ownership of the family home remains to be determined. However, where the household ultimately qualifies for the full range of social housing supports, the length of time the household was supported under RAS or HAP will be reckonable for the purposes of determining the household’s relative priority for a transfer.
