Housing (Miscellaneous Provisions) Act 2009

Social housing assessment.

20.— (1) A reference in this section to a household shall be read as including a reference to 2 or more persons who, in the opinion of the housing authority concerned, have a reasonable requirement to live together.

(2) Where a household applies for social housing support, the housing authority concerned shall, subject to and in accordance with regulations made for the purposes of this section, carry out an assessment (in this Act referred to as a “ social housing assessment ”) of the household’s eligibility, and need for, social housing support for the purposes of determining—

(a) whether the household is qualified for such support, and

(b) the most appropriate form of any such support.

(3) A housing authority may carry out a social housing assessment where a household has been in receipt of a supplement under section 198 (3) of the Social Welfare Consolidation Act 2005 towards the amount of rent payable by the household in respect of the household’s residence for such period as may be prescribed.

(4) The Minister may make regulations providing for the means by which the eligibility of households for social housing support shall be determined including, but not necessarily limited to, the following:

(a) the maximum income threshold based on a household comprising one person;

(b) the methodology according to which the threshold referred to in paragraph (a) shall be adjusted for households comprising more than one person;

(c) the manner in which a housing authority shall set the income threshold, having regard to the market rent in respect of, and the average purchase prices for, dwellings in its administrative area, which in any case shall not be more than the maximum income threshold referred to in paragraph (a);

(d) the procedures to be applied by a housing authority for the purposes of determining a household’s eligibility by reference to income;

(e) the availability to the household of alternative accommodation that would meet its housing need;

(f) social housing support previously provided by any housing authority to the household which may be taken account of by a housing authority in making a determination as to the most appropriate form of social housing support for that household;

(g) the period for which a household is required to be in receipt of the supplement referred to in subsection (3).

(5) A household shall not be eligible for social housing support where—

(a) at any time during the 3 years immediately before the carrying out of the social housing assessment, the household or a member of the household was in arrears of rent for an accumulated period of 12 weeks or more in respect of any dwelling or site let to them by any housing authority under the Housing Acts 1966 to 2009 or provided under Part V of the Planning and Development Act 2000 , and

(b) the housing authority has not entered into an arrangement under section 34 with the household or the member concerned for the payment of the moneys due and owing to the housing authority in respect of those arrears.

(6) The Minister may make regulations providing for the matters by reference to which a household’s need for social housing support and the form of such support shall be determined including, but not necessarily limited to, the following:

(a) the description and classification of household need;

(b) the description of specific accommodation requirements according to different categories of household need;

(c) the description of accommodation need based on the composition of the household.

(7) The Minister may make regulations in relation to the carrying out of social housing assessments, including, but not necessarily limited to, the following:

(a) the form and manner in which a social housing assessment shall be carried out;

(b) the period within which an application for social housing support shall be dealt with by a housing authority;

(c) notification by the housing authority of the making of a decision in respect of an application for social housing support;

(d) the frequency of reviewing and updating assessments.

(8) In carrying out a social housing assessment under this section, a housing authority may disregard the accommodation the household is occupying where the authority has reason to believe that the household, or any member of it, has deliberately or without good and sufficient reason done or failed to do anything (other than an action or omission in good faith) in consequence of which the accommodation the household is so occupying is less suitable for its adequate housing than other accommodation which it would have been, or would be, reasonable for the household to occupy.

(9) A household in receipt of social housing support referred to in section 19 (2) (b), before the coming into operation of this section, is deemed to have been assessed and qualified for such social housing support under this section.

(10) A housing authority shall not be required to carry out a social housing assessment for the purposes of the sale of a dwelling under an incremental purchase arrangement (within the meaning of section 43 ) to an eligible household (within the meaning of paragraph (b) of the definition of “eligible household” in section 43 ).