S.I. No. 576/2014 - Housing Assistance Payment (Amendment) (No. 2) Regulations 2014.


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 23rd December, 2014.

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:

1. These Regulations may be cited as the Housing Assistance Payment (Amendment) (No. 2) Regulations 2014.

2. These Regulations come into operation on 18 December 2014.

3. The Housing Assistance Payment Regulations 2014 ( S.I. No. 407 of 2014 ) are amended by substituting the following for Regulation 10:

“Maximum rent limits

10. (1) For the purposes of section 43(2)(a) of the Act of 2014 and subject to paragraph (2), the maximum amount of rent in respect of which housing assistance is payable for a household class specified in columns (2) to (8) of the Table to this Regulation is the monthly amount set out in the relevant column opposite the local authority administrative area specified in column (1) of that Table in which the dwelling concerned is located.

(2)(a) In the case of a qualified household that—

(i) 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), and

(ii) on 1 December 2014 or at any time during the 6 months preceding that date, occupied accommodation or lodgings made available to the household by virtue of section 10 (1) of the Housing Act 1988 ,

the monthly amount set out for the appropriate household class specified in columns (4) to (8) of 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 the household concerned 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) Dublin City Council,

(ii) Dun Laoghaire-Rathdown County Council,

(iii) Fingal County Council, and

(iv) South Dublin County Council.

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

TABLE

MAXIMUM MONTHLY RENT LIMITS

Local authority administrat-ive area(1)

Household class

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)

Cork County Council

€250

€270

€485

€575

€700

€725

€750

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

KilkennyCounty Council

200

230

390

430

540

565

590

Limerick City and County Council

200

240

375

400

500

550

600

Louth County Council

215

250

390

400

550

575

600

Monaghan County Council

180

190

300

350

400

433

450

South Dublin County Council

350

400

520

750

950

975

1,000

Waterford City and County Council

220

240

375

390

475

500

525

”.

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,

16 December 2014.

BRENDAN HOWLIN,

Minister for Public Expenditure and Reform.

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GIVEN under my Official Seal,

16 December 2014.

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, which come into operation on 18 December 2014, substitute a revised Regulation for Regulation 10 of the Housing Assistance Payment Regulations 2014 ( S.I. No. 407 of 2014 ).

The revised Regulation 10 restates the maximum rent limits previously prescribed in respect of specified household classes in particular areas. In addition, the revised regulation sets out the maximum rent limits that will, under the Housing Assistance Payment (Section 50) (No. 3) Regulations 2014 ( S.I. No. 575 of 2014 ), apply to accommodation in the administrative areas of Dublin City Council and the county councils of Dun Laoghaire-Rathdown and Fingal in respect of homeless households qualified for social housing support that were staying in emergency accommodation on 1 December 2014 or within the preceding 6 months. The revised Regulation 10 also provides that the maximum rents set out in the regulation for particular classes of such households may, subject to review at 6-monthly intervals, be increased by not more than 20%, where this is necessary to source suitable accommodation in Dublin city and county.