S.I. No. 84/2011 - Social Housing Assessment Regulations 2011

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 1st March, 2011.

I, MICHAEL FINNERAN, Minister of State at the Department of the Environment, Heritage and Local Government, in exercise of the powers conferred on me by sections 3 , 20 and 32 of the Housing (Miscellaneous Provisions) Act 2009 (No. 22 of 2009) and the Environment, Heritage and Local Government (Delegation of Ministerial Functions) Order 2011 ( S.I. No. 65 of 2011 ), hereby make the following regulations:

Part 1 Preliminary and general

Citation

1.

Commencement

2.

Interpretation

3.

“alternative accommodation” means, in respect of a household applying for social housing support, accommodation other than the accommodation currently occupied by the household and, in cases where one or more than one household member is currently living apart from the household, includes the accommodation currently occupied by such member or members;

“application area” means the functional area of one or more than one housing authority in which a household may, in accordance with Regulations 8 and 9, specify areas of choice for the receipt of social housing support

“area of choice” means an area determined by a housing authority in which a household, in accordance with Regulations 8 and 9, may specify that it wishes to receive social housing support;

“functional area” shall be construed within the meaning of section 23(2) of the Act of 1992;

“housing authority of application” means the housing authority to which a household, in accordance with Regulation 5, applies for social housing support;

“PPS Number”, in relation to a person, means the person’s Personal Public Service Number within the meaning of section 262 of the Act of 2005;

“qualified household” means a household that is determined by a housing authority to be qualified for social housing support;

“relative” refers to a person who is not a member of the household applying for social housing support and means, as regards a member of such a household, a parent, adult child or sibling and may include another relative, such as a step-parent, grandparent, grandchild, aunt or uncle, who has close links with the household member in the form of commitment or dependence;

“the Act of 1966” means the Housing Act 1966 (No. 21 of 1966);

“the Act of 2001” means the Local Government Act 2001 (No. 37 of 2001);

“the Act of 2005” means the Social Welfare Consolidation Act 2005 (No. 26 of 2005); and

“the Act of 2009” means the Housing (Miscellaneous Provisions) Act 2009 (No. 22 of 2009).

(2)(a) References in these Regulations to a city, county, or town shall be construed in accordance with section 10 of the Act of 2001.

• (b) References in these Regulations to a city council, a county council or a town council shall be construed in accordance with section 11 of the Act of 2001.

Part 2 Application for social housing support

Application form

4.

• (a) the authority is considering carrying out a social housing assessment in respect of the household under Regulation 13, or

• (b) the household was included in the most recent assessment of housing need made under section 9(2) of the Housing Act 1988 (No. 28 of 1988) and the authority proposes to review its qualification for social housing support.

• (2) In all cases other than those referred to in paragraph (1), a household seeking social housing support shall complete an application in the prescribed form.

Housing authority of application

5.

• (a) the housing authority for the functional area in which the household normally resides, or

• (b) the housing authority for the functional area with which the household has a local connection, or

• (c) the housing authority that agrees, at its discretion, to conduct a social housing assessment in respect of that household on receipt of an application from the household.

Local connection with the functional area of a housing authority

6.

• (a) a household member resided for a continuous 5-year period at any time in the area concerned, or

• (b) the place of employment of a household member is in the area concerned or is located within 15 kilometres of the area, or

• (c) a household member is in full-time education in any university, college, school or other educational establishment in the area concerned, or

• (d) a household member with an enduring physical, sensory, mental health or intellectual impairment is attending a medical or residential establishment in the area concerned that has facilities or services specifically related to such impairment, or

• (e) a relative of a household member resides in the area concerned and has resided there for a minimum period of 2 years.

Areas of choice

7.

• (2) Where the functional area of a housing authority is not divided into areas of choice, such functional area shall be deemed to be a single area of choice for the purposes of these Regulations.

8.

(2)(a) In the case of an application under Regulation 5(a) or (b)-

• (i) where the housing authority of application is Dublin City Council or one of the county councils of Dun Laoghaire-Rathdown, Fingal or South Dublin, any other area of choice specified by the household shall be in the functional areas of those housing authorities,

• (ii) where the housing authority of application is a county council or town council in the counties of North Tipperary or South Tipperary, any other area of choice specified by the household shall be in the functional areas of the housing authorities in those counties,

• (iii) where the housing authority of application is a county council or town council other than those referred to in subparagraphs (i) and (ii), any other area of choice specified by the household shall be in the functional areas of the housing authorities in the county concerned, and

• (iv) where the housing authority of application is a city council other than Dublin City Council, any other area of choice specified by the household shall be in the functional area of the housing authority of application.

• (b) In the case of an application under Regulation 5(c), any other area of choice specified by the household shall be in the functional area of the housing authority of application.

9.

• (2) A change in an area of choice under paragraph (1) shall comply with the following conditions:

• (a) the household may not change an area of choice within the period of 12 months following notification of that area of choice to the housing authority of application,

• (b) where a household notifies the housing authority of application that it no longer wishes to receive social housing support in an area of choice that it previously specified, the household may not, within the period of 12 months following such notification, change its preferences so as to specify that area of choice again, and

• (c) the total number of areas of choice specified by the household at any time shall not exceed 3.

• (3) Where a qualified household changes its areas of choice to specify an area of choice in the functional area of a housing authority in the application area in which it was not, immediately prior to the change, recorded as qualified for social housing support, the date of entry of the household on that housing authority’s record of qualified households shall be the date on which the housing authority of application receives notice of the change in the area of choice.

• (4) A qualified household that applied for social housing support-

• (a) under Regulation 5(a) or (b), to one of the city councils of Cork, Galway, Limerick or Waterford, or

• (b) under Regulation 5(c),

shall be deemed to have withdrawn its application where the household notifies the housing authority of application that it no longer wishes to receive such support in its functional area.

• (5) Where a qualified household that applied for social housing support under Regulation 5(a) or (b) to a housing authority other than the city council of Cork, Galway, Limerick or Waterford no longer wishes to receive social housing support in the functional area of the housing authority of application, the household may qualify, or continue to be qualified, for social housing support in the functional area of another housing authority in the application area, provided that, at the time the housing authority of application receives notice of the change in the household’s wishes, the household is normally resident in, or has a local connection with, the functional area of a housing authority in the application area.

Part 3 Conduct of social housing assessment

Scope of assessment

10.

11.

• (2) Where requested by the household for stated reasons, the housing authority of application may agree to an extension of the period of 4 weeks referred to in paragraph (1) for providing the additional information requested under the said paragraph.

12.

• (2) Subject to paragraph (4), where the housing authority of application is unable to deal with an application within the relevant period specified in paragraph (1), the authority shall, before the expiration of the period concerned, notify the household accordingly, specifying the reason therefor and the further period within which the authority expects to deal with the application.

• (3) Subject to paragraph (4), a housing authority of application may, where necessary and for stated reasons, extend the further period referred to in paragraph (2) and shall notify the household accordingly.

• (4) Any extension to a period granted by a housing authority under paragraph (2) or (3) shall expire on or before the effluxion of 14 weeks following the expiry of the relevant period referred to in paragraph (1).

Rent supplement

13.

• (a) 18months or more, or

• (b) such lesser period as the authority considers appropriate, having regard to the number of qualified households and the availability of social housing support in its functional area.

Sequencing of assessment

14.

Notification of determination of household’s qualification for support

15.

• (2) Where the housing authority of application determines that a household is qualified for social housing support, that authority shall, within 4 weeks, notify its determination to the housing authority for any other functional area to which the determination applies.

Date of entry on record of qualified households

16.

• (a) where the housing authority of application did not seek additional information from the household under Regulation 11 and did not determine the household’s qualification for social housing support within the period of 12 weeks from the date of receipt of a properly completed application form, the household shall be deemed to be entered on an authority’s record of qualified households on the date of expiry of the said period of 12 weeks, or

• (b) where the housing authority of application sought additional information from the household under Regulation 11 and did not determine the household’s qualification for social housing support within the period of 6 weeks from the date of receipt of such additional information, the household shall be deemed to be entered on an authority’s record of qualified households on the date of expiry of the said period of 6 weeks.

Part 4 Eligibility for social housing support

Calculation of income

17.

Income limits

18.

19.

• (2) The maximum income threshold specified in paragraph (1) may be increased by—

• (a) 5% in respect of each additional household member aged 18 years or more, subject to a maximum increase of 10% under this subparagraph, and

• (b) 2.5% in respect of each household member aged less than 18 years, subject to a maximum increase of 10% under this subparagraph.

• (3) Each housing authority specified in the Table to this Regulation shall set the maximum income threshold calculated in accordance with paragraphs (1) and (2) as its income threshold, except where such authority, having regard to the market rent in respect of, and the average purchase prices for, dwellings in its administrative area, decides to set a lower income threshold for a household comprising one person, in which case the authority shall adjust such threshold for households comprising more than one person in accordance with paragraph (2).

TABLE

County Councils	City Councils	Town Councils
Dún Laoghaire-Rathdown	Cork	Athy
Fingal	Dublin	Kells
Kildare	Galway	Naas
Meath		Navan
South Dublin		Trim

20.

• (2) The maximum income threshold specified in paragraph (1) may be increased by either or both—

• (a) 5% in respect of each additional household member aged 18 years or more, subject to a maximum increase of 10% under this subparagraph, and

• (b) 2.5% in respect of each household member aged less than 18 years, subject to a maximum increase of 10% under this subparagraph.

• (3) Each housing authority specified in the Table to this Regulation shall set the maximum income threshold calculated in accordance with paragraphs (1) and (2) as its income threshold, except where such authority, having regard to the market rent in respect of, and the average purchase prices for, dwellings in its administrative area, decides to set a lower income threshold for a household comprising one person, in which case the authority shall adjust such threshold for households comprising more than one person in accordance with paragraph (2).

TABLE

County Councils	City Councils	Borough or Town Councils
Cork	Limerick	Clonakilty
Kerry	Waterford	Cobh
Kilkenny		Drogheda
Limerick		Dundalk
Louth		Enniscorthy
Wexford		Fermoy
		Kilkenny
		Killarney
		Kinsale
		Listowel
		Macroom
		Mallow
		Midleton
		New Ross
		Skibbereen
		Tralee
		Wexford
		Youghal

21.

• (2) The maximum income threshold specified in paragraph (1) may be increased by either or both—

• (a) 5%in respect of each additional household member aged 18 years or more, subject to a maximum increase of 10% under this subparagraph, and

• (b) 2.5%in respect of each household member aged less than 18 years, subject to a maximum increase of 10% under this subparagraph.

• (3) Each housing authority referred to in paragraph (1) shall set the maximum income threshold calculated in accordance with paragraphs (1) and (2) as its income threshold, except where such authority, having regard to the market rent in respect of, and the average purchase prices for, dwellings in its administrative area, decides to set a lower income threshold for a household comprising one person, in which case the authority shall adjust such threshold for households comprising more than one person in accordance with paragraph (2).

Alternative accommodation

22.

• (2) A household shall be deemed to have alternative accommodation of the type referred to in paragraph (1), if the accommodation is owned by a household member and—

• (a) such accommodation is vacant, or

• (b) if such accommodation is let, the tenancy may be terminated on the grounds specified in paragraphs 3 or 4 of the Table to section 34 of the Residential Tenancies Act 2004 (No. 27 of 2004), or

• (c) such accommodation is occupied by a person other than a person—

• (i) whose marriage to a household member has been dissolved,

• (ii) who is married to a household member but who is separated from him or her under an order of a court of competent jurisdiction or by a deed of separation, or

• (iii) whose civil partnership, within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24 of 2010), or whose legal relationship of a kind referred to in section 3(b) of the said Act, with a household member has been dissolved.

• (3) In determining whether alternative accommodation would meet a household’s housing need, if the household were to occupy it, the housing authority of application shall have regard to the matters referred to in paragraphs (b) to (d) of Regulation 23 in respect of that accommodation.

Part 5 Need for social housing support

Housing need criteria

23.

• (a) whether it is an institution, emergency accommodation or a hostel,

• (b) whether it is overcrowded within the meaning of section 63 of the Act of 1966,

• (c) its fitness for human habitation, having regard to the matters set out in the Second Schedule to the Act of 1966,

• (d) the extent to which it meets any accommodation requirement arising from the enduring physical, sensory, mental health or intellectual impairment of a household member

• (e) where it is shared with another household, whether the household that has applied for social housing support has a reasonable requirement for separate accommodation, and

• (f) whether it is unsuitable for the household’s adequate housing—

• (i) in any other material respect, having regard to particular household circumstances, or

• (ii) on exceptional medical or compassionate grounds.

Part 6 Considerations relating to provision of social housing support

Classification of accommodation need and requirements

24.

• (a) classify the household’s accommodation need by reference to the following matters:

• (i) the total number of persons in the household, and

• (ii) the total number of persons of each gender in the household aged 18 years of more, the total number of persons of each gender aged less than 18 years and their inter-relationships;

• (b) classify any specific accommodation requirements of the household by reference to whether one, or more than one household member—

• (i) is aged 65 years or more,

• (ii) is a traveller within the meaning of section 2 of the Housing (Traveller Accommodation) Act (No. 33 of 1998),

• (iii) is homeless within the meaning of section 2 of the Act of 1988, or

• (iv) has an enduring physical, sensory, mental health or intellectual impairment; and

• (c) specify any specific accommodation requirement of the household, other than those classified under subparagraph (b)(iv), that arises from exceptional medical grounds for the determination that the household is qualified for social housing support.

Support previously provided

25.

• (a) damaged a dwelling or site previously provided by any housing authority and neither repaired the property nor paid for the cost of repairing the property,

• (b) was previously a tenant of a dwelling or site provided by a housing authority and either or both-

• (i) incurred arrears of rent for an accumulated period of 12 weeks or more in any period of 3 years as such tenant, which arrears have not been paid and the household member concerned has not entered into an arrangement with the housing authority for the payment of such moneys, and

• (ii) breached the terms of the tenancy agreement, in consequence of which the housing authority terminated the tenancy.

Part 7 Update and review of social housing assessments

Update of assessment record

26.

• (a) update its records of the assessment and qualified households accordingly, and

• (b) notify the housing authority for any other functional area to which the assessment relates of the update, which authority shall update its records of the assessment and qualified households accordingly.

Review of assessment

27.

• (2) A housing authority shall have the same powers in reviewing a social housing assessment as a housing authority of application has in carrying out a social housing assessment.

• (3) For the avoidance of doubt, in order for a household to qualify for social housing support on review of a social housing assessment, the housing authority carrying out the review must be satisfied that the household fulfils the requirements of Regulations 5 to 9.

Discretion to review an assessment

28.

• (a) where it becomes aware of changes in household circumstances or of other information relevant to the social housing assessment carried out in respect of a qualified household, or

• (b) whenever it considers it appropriate,

review the social housing assessment carried out in respect of the household.

Requirement to review an assessment

29.

Notification where household no longer qualifies for support

30.

(Regulation 4)

SCHEDULE APPLICATION FORM FOR SOCIAL HOUSING SUPPORT

GIVEN under my hand,

24 February 2011.

MICHAEL FINNERAN,

Minister of State at the Department of the Environment, Heritage and Local Government.

EXPLANATORY NOTE

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

These Regulations prescribe the procedures for households to apply to housing authorities for social housing support and the conduct and review of social housing assessments. Under the Regulations, households will normally apply for support to the housing authority for the area where they live but a household may instead apply to the housing authority for support in an area with which it has a local connection or to any housing authority which agrees to consider its application. The Regulations prescribe 3 bands of maximum household income limits for eligibility for social housing support that will apply in different parts of the country.

The Regulations come into force on 1 April 2011.