Dáil Éireann Debate, Thursday - 19 December 2013
226. Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government his views on correspondence (details supplied) regarding eligibility for housing; and if he will make a statement on the matter. [55113/13]
Amharc ar fhreagraIt 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 Social Housing Assessment Regulations 2011 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 formally separated or divorced. Under the enactment, a deed of separation is sufficient to set aside this ineligibility ground and it is not necessary to await judicial separation or divorce to get a decision on social housing support in these cases. This provision is reasonable in most cases.
I acknowledge, however, that situations relating to household members who have separated may exceptionally arise that may not easily be dealt with under the current Regulations. As part of an ongoing review of the 2011 Regulations, my Department is examining such scenarios and in particular 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.
