Social and Affordable Housing Eligibility

Dáil Éireann Debate, Thursday - 7 November 2013

Thursday, 7 November 2013

Ceisteanna (149)

Michelle Mulherin

Ceist:

149. Deputy Michelle Mulherin asked the Minister for the Environment, Community and Local Government if he will review regulation guidelines made pursuant to section 20 of the Housing (Miscellaneous Provisions) Act 2009 which pressurises a husband and wife who are separated, where one remains in the family home which is in their joint names, to enter into a formal legal separation or divorce in order for the spouse vacating the family home to be deemed eligible for social housing support even if they have no other available accommodation which they can afford without State assistance and have a housing need in accordance with criteria laid down; and if he will make a statement on the matter. [47450/13]

Freagraí scríofa

Minister of State at the Department of the Environment, Community and Local Government

It is a matter for each housing authority to determine the eligibility of individual households for social housing support, in accordance with section 20 of the Housing (Miscellaneous Provisions) Act 2009 and the Social Housing Assessment Regulations 2011 made thereunder. Regulation 22(1) of the 2011 Regulations provides that a household with alternative accommodation that would meet its housing need is ineligible for social housing support. Paragraph (2) of the Regulation clarifies that paragraph (1) does not operate to exclude from eligibility for social housing support an applicant who owns accommodation that is occupied by his or her spouse, from whom he or she is separated under a court order or deed of separation. As part of an on-going review of the 2011 Regulations, my Department is examining the issue of whether specific provision is required in respect of separated persons applying for social housing support who own dwellings occupied by spouses from whom they are separated, but where no court order or deed of separation is in place.