Housing (Miscellaneous Provisions) Act 2014

Housing assistance payments

43. (1) Housing assistance shall be provided in the form of monthly payments by the housing authority to the landlord or his or her agent by electronic means, except where the authority agrees to an alternative arrangement in a particular case.

(2) (a) The Minister may, with the consent of the Minister for Public Expenditure and Reform and having regard to the circumstances and the location of the dwelling the subject of housing assistance, prescribe the maximum amount of rent in respect of which housing assistance may be provided for specified classes of qualified households.

(b) The Minister may determine the maximum amount of rent in respect of which housing assistance may be provided for classes of qualified household, other than classes prescribed under paragraph (a), having regard to the circumstances and the location of the dwelling the subject of housing assistance.

(c) Where, following the making of regulations under paragraph (a), the maximum amount of rent in respect of which housing assistance is provided in a particular case is reduced to an amount less than the amount of rent payable under a tenancy, the housing authority shall as soon as practicable inform the member of the qualified household concerned who is the tenant of the dwelling and advise him or her to request the landlord to reduce the amount of rent payable under the tenancy accordingly.

(d) In a case referred to in paragraph (c) where the rent payable under the tenancy is not reduced to, or below, the maximum rent in respect of which housing assistance will be provided in respect of the qualified household concerned, then—

(i) where it is economically advantageous to do so or for the purpose of avoiding undue hardship for the qualified household concerned, the housing authority concerned may, continue to provide housing assistance in respect of the maximum amount of rent applicable prior to the making of the regulations until the expiry of the tenancy,

(ii) in a case other than that set out in subparagraph (i), the housing authority may provide housing assistance in respect of the rent payable under the tenancy for a period prescribed under this subparagraph for the purposes of enabling the qualified household to find another dwelling, whereupon it shall cease to provide housing assistance in respect of the dwelling, and

(iii) in either case, the housing authority shall notify the qualified household of the circumstances in which housing assistance continues to be provided.