Mattie McGrath
Question:127. Deputy Mattie McGrath asked the Minister for Housing, Local Government and Heritage if he will address a matter concerning HAP (details supplied); and if he will make a statement on the matter. [55697/23]
View answerWednesday, 13 December 2023
Questions (127)
Written answers
The 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.
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.
Since July 2022, each local authority has statutory discretion to agree to a HAP payment up to 35% above the prescribed maximum rent limit and for new tenancies to extend the couple’s rate to single persons households. Discretion can be increased up to 50% above the prescribed maximum rent limits for Homeless HAP tenancies in Dublin. It should be noted that it is a matter for the local authority to determine whether the application of the flexibility is warranted on a case by case basis and also the level of discretion applied in each case.
Each local authority has a customer service charter and complaints procedure for applicants who may wish to make a complaint regarding the service they receive. Following that complaint, if they consider that they have been unfairly treated or are not satisfied with the Council’s decision on their complaint, it is open to them to make a complaint to the Ombudsman.
The day-to-day operation of the HAP scheme is a matter for the relevant local authority.