Applications for social housing support are assessed by local authorities, 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).
The 2009 Act defines a household as a person living alone, or two or more persons who, in the opinion of the local authority, have a reasonable requirement to live together. Households meeting the eligibility and need criteria, qualify for the suite of social housing supports, including HAP, and are placed on the social housing waiting list to be considered for the allocation of suitable tenancies in accordance with the relevant local authority’s allocation scheme. The oversight and practical management of housing lists, including decisions on eligibility and the type of social housing support allocated or provided to households, is a matter solely for local authorities in accordance with the Act and Regulations.
In the case of separation or divorce, the documentation required in relation to overnight access and custody arrangements of children is set out in the checklist of the statutory social housing application form. Generally, a copy of a separation or divorce agreement for both applicants is required with the application; however, if there is no agreement, a letter from the applicant’s solicitor or a legal affidavit signed by a practising solicitor will suffice.