Dáil Éireann Debate, Tuesday - 19 October 2021
435. Deputy Richard Boyd Barrett asked the Minister for Housing, Local Government and Heritage if the 20% discretionary HAP uplift can be applied to an ongoing tenancy in which a tenant has received a rent increase and cannot afford to pay any further top up to the landlord; and if he will make a statement on the matter. [50372/21]
View answerThe Housing Assistance Payment (HAP) is a form of social housing support for people who have a long-term housing need. If a household has been deemed eligible for social housing support, it is a matter for the local authority to examine the suite of social housing supports available, including the HAP scheme, to determine the most appropriate form of social housing support for that household in the administrative area of that local authority.
Each local authority has statutory discretion to agree to a HAP payment up to 20% above the prescribed maximum rent limit to secure appropriate accommodation for a household that requires it, or up to 50% in the case of homeless households in the Dublin region. It is a matter for the local authority to determine, on a case by case basis, whether, and to what extent, the application of the flexibility is warranted.
All households in receipt of HAP pay a differential rent based on the rent scheme set by the relevant local authority. The right of local authorities to set and collect rents on their dwellings is set out in section 58 of the Housing Act 1966. The making or amending of such schemes is an executive function and is subject to broad principles laid down by my Department including that; the rent payable should be related to income and a smaller proportion of income should be required from low income households; and that provision should be included for the acceptance of a lower rent than that required under the terms of the scheme in exceptional cases where payment of the normal rent would give rise to hardship.
Local discretion and flexibility are inherent in the devolved function of administering rent schemes. Decisions regarding the increase or decrease in the rent charged to tenants of local authorities are matters for individual local authorities in accordance with its differential rent scheme.
While there is no legislative provision precluding HAP supported households contributing towards the monthly rent required by the landlord, local authorities have a responsibility to ensure that tenancies are sustainable and that households in HAP are in a position to meet the rental costs involved.
The Programme for Government commits to ensuring that HAP levels are adequate to support vulnerable households, while we increase the supply of social housing. My Department continues to keep the operation of the HAP scheme under review. Under Housing for All, my Department will undertake an analytical exercise to examine whether an increase in the level of discretion available to Local Authorities under HAP is required, in order to maintain adequate levels of HAP support.
