Dáil Éireann Debate, Wednesday - 22 November 2023
94. Deputy Martin Browne asked the Minister for Housing, Local Government and Heritage if there are provisions within the local authority housing system to enable a separated person accessing the housing list if they have a stake in a former family home which they cannot access as a result of their separation; and if he will make a statement on the matter. [51281/23]
Amharc ar fhreagraApplications 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, as amended, and the associated Social Housing Assessment Regulations 2011.A household shall be ineligible for social housing support if that household has alternative accommodation it could reasonably be expected to use to meet its housing need. However, where an applicant for social housing support owns accommodation occupied by a spouse, from whom they are formally separated or divorced, a deed of separation is sufficient to set aside this ineligibility ground. It is not necessary to await judicial separation or divorce to get a decision on social housing support in these cases. Local authorities may provide households with social housing support under the Rental Accommodation Scheme (RAS) or the Housing Assistance Payment (HAP) scheme until ownership of the family home is resolved in a formal separation or divorce settlement.Support in these circumstances will be reviewed by the local authority at prescribed intervals. The household will not be able to transfer to other forms of social housing support while ownership of the family home remains to be determined. If the household ultimately qualifies for the full range of social housing supports, the length of time it was supported under RAS or HAP will be reckonable for the purposes of determining the household’s relative priority for a transfer should they so wish to do so.
