Dáil Éireann Debate, Thursday - 6 July 2023
64. Deputy Richard Boyd Barrett asked the Minister for Housing, Local Government and Heritage if he will make changes to the HAP scheme so that there is not a cliff edge if people go over the social housing income limits to ensure that there is tapered rental support for those above the limits; and if he will make a statement on the matter. [33208/23]
View answerThe Housing Assistance Payment (HAP) is a form of social housing support available for people who have a long-term housing need. Any household assessed as eligible for social housing is immediately eligible for HAP. Eligible households can source their own accommodation in the private rental sector which should be within the HAP rent limits provided to them by the local authority.
Applications 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.
The 2011 Regulations prescribe maximum net income limits for each local authority, in different bands according to the area concerned, with income being defined and assessed according to a standard Household Means Policy. The 2011 Regulations do not provide local authorities with any discretion to exceed the limits that apply to their administrative areas.
Under the Household Means Policy, which applies in all local authorities, net income for social housing assessment is defined as gross household income less income tax, PRSI, Universal Social Charge and Additional Superannuation Contribution. The Policy provides for a range of income disregards, and local authorities also have discretion to decide to disregard income that is temporary, short-term or once-off in nature.
Tenants in the HAP scheme are required to sign a rent contribution agreement to pay a weekly rental contribution to the relevant local authority, in line with the local authority’s differential rent scheme. 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.
As set out in the rent contribution agreement, this weekly rental contribution must be paid by them so that they remain eligible for the HAP scheme. Where a person has a change of circumstances, such as a loss or increase of income, they should notify the relevant local authority. The local authority can reassess those tenants and adjust their differential rent accordingly.
The day-to-day operation of the HAP scheme is a matter for the relevant local authority.
