S.I. No. 474/2015 - Housing Assistance Payment (Amendment) (No. 4) Regulations 2015.


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 3rd November, 2015.

I, ALAN KELLY, Minister for the Environment, Community and Local Government, in exercise of the powers conferred on me by sections 4 and 43 of the Housing (Miscellaneous) Provisions Act 2014 (No. 21 of 2014), and with the consent of the Minister for Public Expenditure and Reform, hereby make the following regulations:

Citation

1. These Regulations may be cited as the Housing Assistance Payment (Amendment) (No. 4) Regulations 2015.

Commencement

2. (1) Regulation 4(1) comes into operation on 2 November 2015.

(2) Regulation 4(2) comes into operation on 16 November 2015.

Definition

3. In these Regulations “Principal Regulations” means the Housing Assistance Payment Regulations 2014 ( S. I. No. 407 of 2014 ).

Maximum rent limits

4. (1) Regulation 10 (as amended by the Housing Assistance Payment (Amendment) (No. 3) Regulations 2015 ( S.I. No. 304 of 2015 )) of the Principal Regulations is amended by—

(a) substituting the following for the Table to that Regulation:

“TABLE

MAXIMUM MONTHLY RENT LIMITS

Local authority administrative area

Household class

(1)

One adult in shared accomm-odation(2)

A couple in shared accomm-odation(3)

One adult(4)

A couple(5)

One adult, or a couple, with 1 child (6)

One adult, or a couple, with 2 children(7)

One adult, or a couple, with 3 children(8)

Carlow County Council

€230

€250

€375

€433

€520

€560

€590

Clare County Council

190

210

320

350

400

450

500

Cork City Council

250

270

485

575

700

725

750

Cork County Council

250

270

485

575

700

725

750

Donegal County Council

175

200

300

325

350

400

450

Dublin City Council

350

400

520

750

950

975

1,000

Dun Laoghaire-Rathdown County Council

350

400

520

750

950

975

1,000

Fingal County Council

300

350

520

700

850

900

950

Kildare County Council

350

400

520

750

950

975

1,000

Kilkenny County Council

200

230

390

430

540

565

590

Limerick City and County Council

200

240

375

400

500

550

600

Louth CountyCouncil

215

250

390

400

550

575

600

Meath County Council

300

350

520

700

850

900

950

Monaghan County Council

180

190

300

350

400

433

450

Offaly County Council

200

220

360

400

450

475

500

South Dublin County Council

420

480

624

900

1,140

1,170

1,200

Tipperary County Council

195

220

370

400

485

500

525

Waterford City and County Council

220

240

375

390

475

500

525

”,

(b) substituting the following for paragraph (2):

“(2)(a) In the case of a qualified household that consists of a person or persons regarded by a housing authority as being homeless, within the meaning of section 2 of the Housing Act 1988 (No. 28 of 1988), the monthly amount set out for the appropriate household class in the Table to this Regulation may be increased by a sum that does not exceed—

(i)50 per cent of the amount concerned, where this is necessary to source a suitable dwelling for the household concerned in the administrative area of Dublin City Council, Dun Laoghaire-Rathdown County Council or Fingal County Council, and

(ii)25 per cent of the amount concerned, where this is necessary to source a suitable dwelling for the household concerned in the administrative area of South Dublin County Council.

(b) The amount of housing assistance payable under subparagraph (a) in a particular case shall be reviewed every 6 months by the housing authority concerned.”,

and

(c) inserting the following after paragraph (2):

“(3)(a) The monthly amount set out for the appropriate household class in the Table to this Regulation may be increased by a sum that does not exceed 20 per cent of the amount concerned, where this is necessary to source a suitable dwelling for a qualified household in the administrative area of a housing authority referred to in subparagraph (b).

(b) The housing authorities for the purposes of subparagraph (a) are-

(i) Cork City Council,

(ii) Cork County Council,

(iii) Kildare County Council, and

(iv) Meath County Council.”.

4. (2) Regulation 10 (as amended by Regulation 4(1)(a) of these Regulations) of the Principal Regulations is amended by—

(a) substituting the following for the Table to that Regulation:

“TABLE

MAXIMUM MONTHLY RENT LIMITS

Local authority administrative area

Household class

(1)

One adult in shared accomm-odation(2)

A couple in shared accomm-odation(3)

One adult(4)

A couple(5)

One adult, or a couple, with 1 child (6)

One adult, or a couple, with 2 children(7)

One adult, or a couple, with 3 children(8)

Carlow County Council

€230

€250

€375

€433

€520

€560

€590

Clare County Council

190

210

320

350

400

450

500

Cork City Council

250

270

485

575

700

725

750

Cork County Council

250

270

485

575

700

725

750

Donegal County Council

175

200

300

325

350

400

450

Dublin City Council

350

400

520

750

950

975

1,000

Dun Laoghaire-Rathdown County Council

350

400

520

750

950

975

1,000

Fingal County Council

300

350

520

700

850

900

950

Galway County Council

280

300

475

540

700

725

750

Kildare County Council

350

400

520

750

950

975

1,000

Kilkenny County Council

€200

€230

€390

€430

€540

€565

€590

Limerick City and County Council

200

240

375

400

500

550

600

Louth CountyCouncil

215

250

390

400

550

575

600

Mayo County Council

195

215

375

390

433

465

500

Meath CountyCouncil

300

350

520

700

850

900

950

Monaghan County Council

180

190

300

350

400

433

450

Offaly County Council

200

220

360

400

450

475

500

Sligo County Council

195

220

400

425

520

540

550

South Dublin County Council

420

480

624

900

1,140

1,170

1,200

Tipperary County Council

195

220

370

400

485

500

525

Waterford City and County Council

220

240

375

390

475

500

525

”,

and

(b) substituting the following for paragraph (3)(b):

“(b) The housing authorities for the purposes of subparagraph (a) are-

(i) Cork City Council,

(ii) Cork County Council,

(iii) Galway County Council,

(iv) Kildare County Council, and

(v) Meath County Council.”.

The Minister for Public Expenditure and Reform consents to the making of the foregoing Regulations.

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GIVEN under the Official Seal of the Minister for Public Expenditure and Reform,

23 October 2015.

BRENDAN HOWLIN,

Minister for Public Expenditure and Reform.

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GIVEN under my Official Seal,

28 October 2015.

ALAN KELLY,

Minister for the Environment, Community and Local Government.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

These Regulations amend the Housing Assistance Payment Regulations 2014 ( S.I. No. 407 of 2014 ) to prescribe the maximum rent limits that will apply for the purposes of the Housing Assistance Payment scheme in the administrative areas of Kildare and Meath County Councils (from 2 November 2015) and Galway, Mayo and Sligo County Councils (from 16 November 2015).

The Regulations also provide that, subject to review at 6-monthly intervals, the maximum rent limits set out in the Table may be exceeded by not more than—

• 50% in the administrative area of Dublin City Council, Dun-Laoghaire Rathdown County Council or Fingal County Council, where this is necessary to source suitable accommodation for a homeless household that is qualified for social housing support, and

• 25% in the administrative area of South Dublin County Council, where this is necessary to source suitable accommodation for a homeless household that is qualified for social housing support.

The Regulations also provide that the maximum rent limits set out in the Table may be exceeded by not more than 20% in the administrative area of Cork City Council, Cork County Council, Galway County Council, Kildare County Council or Meath County Council, where this is necessary to source suitable accommodation for a household that is qualified for social housing support.