Dáil Éireann Debate, Thursday - 7 March 2024
244. Deputy Paul Kehoe asked the Minister for Housing, Local Government and Heritage if a temporary increase in HAP payments is available to a person (details supplied) to prevent the tenant going into homelessness; and if he will make a statement on the matter. [11226/24]
Amharc ar fhreagraA key principle of the Housing Assistance Payment (HAP) is that eligible households source their own accommodation in the private rented market. The accommodation sourced by tenants should be within the prescribed maximum HAP rent limits, which are based on household size and the rental market within the area concerned.
Local authorities have a responsibility to ensure that tenancies are sustainable and are advised not to provide HAP support to tenancies where the household would not be in a position to meet the rental costs being sought.
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 is a matter for the local authority to determine, on a case by case basis, whether, and to what extent, the application of the flexibility is warranted.
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.
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 and I am precluded by legislation from becoming involved in individual cases.
