Housing (Miscellaneous Provisions) Act 2014

Type Act

Publication 2014-07-23

Last updated 2024-05-16

State In force

Source Irish Statute Book

articles 58

(10) A housing authority may only enter into an agreement referred to in subsection (9) if it considers that the agreement will—

(a) enable a tenant to whom it is proposing to sell a house under this Part to obtain an advance of moneys from the holder, society or institution referred to in subsection (9) for the purposes of purchasing the house, or

(b) enable a purchaser—

(i) to refinance an existing advance of moneys from the holder, society or institution referred to in subsection (9), or

(ii) to obtain a further advance of moneys from the holder, society or institution referred to in subsection (9) for any purpose.

(11) Any amount that becomes payable to a housing authority under section 27 or 29, as the case may be, may, without prejudice to any other power in that behalf, be recovered by the authority from the person concerned as a simple contract debt in any court of competent jurisdiction.

(12) For the avoidance of doubt, neither a charging order nor a charge that arises under it shall be regarded as a conveyance for the purposes of section 3 of the Family Home Protection Act 1976 or section 28 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010.

(13) (a) On the occurrence of the earlier of the events specified in subsection (3) (a) and subject to the terms and conditions of the transfer order and the charging order having been complied with, the housing authority shall, where requested to do so by the purchaser, execute a deed of discharge in respect of the charging order.

(b) The housing authority shall be liable for any expenses incurred in the execution and registration of a deed of discharge but shall not otherwise be liable for any expenses incurred by a purchaser under this section or under section 27, 28 or 29.

27.. Suspension of incremental release

27.(1) Except where otherwise provided for by section 26(3)(b) in respect of the period of 5 years from the vesting date, a housing authority may suspend an incremental release provided for under section 26 in respect of any year ending on the anniversary of the vesting date, where the purchaser fails to comply with any of the terms and conditions of the transfer order or the charging order.

(2) Where a housing authority has suspended an incremental release under subsection (1) —

(a) the housing authority shall, as soon as practicable thereafter, notify the purchaser in writing of the suspension and the reasons for the suspension, and

(b) subject to section 28, the housing authority shall, on the expiration of the charged period, give a statement to the purchaser in writing, in the prescribed form, indicating the amount representing the value of the outstanding charged share in the house on the date of expiration of the charged period, calculated by applying that share to the relevant market value of the house on the date of the expiration of the charged period.

(3) The purchaser shall, within 2 months of receipt of the statement referred to in subsection (2), pay to the housing authority the amount set out in the statement.

(4) Where the purchaser fails to pay the amount referred to in subsection (3) within the period referred to in that subsection, then, section 26(11) applies in respect of the amount concerned.

(5) For the purposes of this section, the relevant market value of a house shall be determined by the housing authority or, where the purchaser does not agree with the relevant market value so determined, by an independent valuer nominated by the purchaser from a panel of suitably qualified persons, established by the housing authority, who are of a class or description prescribed under section 30.

28.(1) A purchaser may, on the fifth or any subsequent anniversary of the vesting date during the charged period and with the consent of the housing authority—

(a) pay to the housing authority, on the anniversary date or within such period as the housing authority may specify, the value of the outstanding charged share in the house on any such anniversary date (including an incremental release suspended by the authority under section 27(1)), which value is calculated by applying that share to the relevant market value of the house on that day,

(b) subject to subsection (2), pay to the housing authority an amount, being the value on any such anniversary date of one or more than one incremental release (other than an incremental release suspended by the authority under section 27(1)) in respect of the charged share of the housing authority in the house, and where the value of one incremental release is calculated as 2 per cent of the relevant market value of the house on the anniversary date concerned.

(2) A payment by a purchaser under subsection (1) (b) shall relate to a number of incremental releases that is equal to or a multiple of one.

(3) Where a purchaser makes a payment to the housing authority under subsection (1) (b), then—

(a) for the purpose of calculating the outstanding charged share in the house, an incremental release paid under this section shall be treated as if it has been applied to the charged share on the date concerned, and

(b) the charged period shall be reduced by the number of years equivalent to the number of incremental releases to which the payment relates.

(4) For the purposes of this section, the relevant market value of a house shall be determined by the housing authority or, where the vendor does not agree with the relevant market value so determined, by an independent valuer nominated by the vendor from a panel of suitably qualified persons, established by the housing authority, who are of a class or description prescribed under section 30.

29.. Control on resale of house

29.(1) Where a purchaser proposes to sell a house during the charged period, he or she shall give prior written notice to the housing authority in accordance with the terms and conditions specified in the transfer order.

(2) Upon receipt of a notice referred to in subsection (1), the housing authority may purchase the house for a sum equivalent to the value of the uncharged share in the house, which is calculated by reducing the market value of the house on the date of resale by the outstanding charged share in the house on that date.

(3) Without prejudice to any other power in that behalf, a housing authority may refuse to consent to the sale to any person of the house during the charged period where the authority wishes to purchase the house in accordance with subsection (2) or the authority is of the opinion that—

(a) the proposed sale price is less than the market value,

(b) the said person is or was engaged in anti-social behaviour or the sale would not be in the interest of good estate management (within the meaning of section 1 of the Act of 1997), or

(c) the intended sale would, if completed, leave the vendor or any person who might reasonably be expected to reside with him or her without adequate housing.

(4) Where a purchaser resells a house to a person other than a housing authority during the charged period, the purchaser shall pay to the housing authority concerned the value of the outstanding charged share in the house on the date of resale of the house, which amount is calculated by applying that share to the relevant market value of the house on that date.

(5) Where the amount payable under any of the provisions of this section would reduce the proceeds of the sale (disregarding solicitor and estate agent’s costs and fees) below the purchase money, the amount payable under the charging order shall be reduced to the extent necessary to avoid that result.

(6) (a) Subject to paragraph (b), where a purchaser resells a house which is subject to a charging order the charged period of which has expired and in respect of which the amount referred to in section 27(2) has not been paid in accordance with that section, section 26(11) applies.

(b) No account shall be taken of any material improvements made to the house after the expiration of the charged period.

(7) For the purposes of this section, the market value or the relevant market value of a house shall be determined by the housing authority or, where the vendor does not agree with the market value or the relevant market value so determined, by an independent valuer nominated by the vendor from a panel of suitably qualified persons, established by the housing authority, who are of a class or description prescribed under section 30.

(8) The housing authority shall not be liable for any expenses incurred by a vendor under subsection (7).

30.. Regulations (Part 3)

30. The Minister may make regulations in relation to all or any one or more of the following:

(a) the class or classes of house excluded from sale under this Part;

(b) for the purposes of making an application to purchase a house under this Part, the minimum period for which a person is required to be in receipt of social housing support under Chapter 3 of Part 2 of the Act of 2009, which period may differ according to the form of social housing support involved but shall not in any case be less than one year before the date of the making of such application;

(d) the minimum amount of annual income that a tenant is required to have in order to apply to purchase a house under this Part;

(e) the method for determining the purchase price of a house, which method may—

(i) differentiate between classes of houses,

(ii) take account of the age of the house and the estimated cost to the housing authority of providing, in accordance with prevailing national building standards and design policies for local authority housing, a house on the same site designed to accommodate a household in the same class that the house being purchased was designed for,

and any such method of determination of such estimated cost shall include, among other matters, the cost of site acquisition, legal and other professional fees;

(f) the method for determining the discount that is to be deducted from the purchase price for the purposes of calculating the purchase money, which method shall take account of the annual income of tenants to whom houses are sold under this Part;

(g) the period for which a charging order shall apply in respect of a house sold under an incremental purchase arrangement under this Part, which period may vary depending on the discount deducted from the purchase price for the purposes of calculating the purchase money but shall not, in any case, be less than 20 years from the vesting date;

(h) the form and manner of, and terms and conditions to be specified in, a transfer order and a charging order;

(i) the class or classes or description of persons who are suitably qualified by reference to their qualifications and experience to determine the market value or relevant market value of a dwelling or site, as the case may be, for the purposes of this Part;

(j) the form of the statement for the purposes of sections 26(4) and 27(2)(b);

(k) any such other matters as the Minister considers necessary and appropriate relating to incremental purchase arrangements.

31.. Part 3 and amendment of Principal Act

31.The Principal Act is amended in section 90—

(a) by deleting subsections (1)(a)(i), (2), (3), (4A) and (6A), and

(b) in subsection (7), by deleting paragraphs (a), (b) and (c) and by substituting the following for paragraph (l):

“(l) in the case of a sale under this section, the obtaining of the consent of the Minister to the sale;”.

32.. Part 3 and amendment of Act of 1992

32.The Act of 1992 is amended by deleting section 26(2).

33.. Part 3 and amendment of Act of 1997

33. The Act of 1997 is amended in section 14(2) —

(a) by deleting “or” at the end of paragraphs (b) and (c), inserting “or” at the end of paragraph (d) and inserting the following after paragraph (d):

“(e) Part 3 of the Housing (Miscellaneous Provisions) Act 2014,”,

and

(b) by deleting “or” at the end of paragraph (iii), inserting “or” at the end of paragraph (iv) and inserting the following after paragraph (iv):

“(v) in the case of Part 3 of the Housing (Miscellaneous Provisions) Act 2014, a tenant,”.

34.. Part 3 and amendment of Act of 2009

34. The Act of 2009 is amended—

(a) in section 10(a) by substituting the following for subparagraph (iv):

“(iv) the sale, or consent to the sale, of a dwelling under section 90(1)(b) of the Principal Act to a person other than another housing authority;”,

(b) in section 13—

(i) by substituting in paragraph (a) “, Part 3 or 4 of this Act or Part 3 of the Housing (Miscellaneous Provisions) Act 2014 ” for “or Part 3 or 4”,

(ii) by inserting in paragraph (b) “or section 29 of the Housing (Miscellaneous Provisions) Act 2014 ” after “section 48 or 76”, and

(iii) by inserting in paragraph (d) “or section 27 of the Housing (Miscellaneous Provisions) Act 2014 ” after “section 47 or 75”,

“(c) the sale of a dwelling under section 90 of the Principal Act or Part 3 or 4, or the sale of a house under Part 3 of the Housing (Miscellaneous Provisions) Act 2014;”,

(d) in section 20 by substituting the following for subsection (5):

“(5) (a) Subject to paragraph (b), a household shall not be eligible for social housing support where—

(i) at any time during the 3 years immediately before the carrying out of the social housing assessment, the household or a member of his or her household was in arrears of rent, rent contributions, charges, fees or loan repayments or any other moneys due and owing to a housing authority or an approved body for an accumulated period of 12 weeks or more in respect of a dwelling or site to which Chapter 3 of Part 2 of the Act of 2009 relates, and

(ii) the household or the member concerned has not entered into rescheduling arrangements with the housing authority or approved body concerned for the payment of such arrears, or, having entered into such arrangements, has not, in the opinion of the authority or body, substantially complied with their terms.

(b) The failure of a household or household member to substantially comply with the terms of rescheduling arrangements shall be disregarded in any case where the housing authority or approved body concerned is satisfied that the failure was due to circumstances outside the control of such household or household member.”,

(e) in section 28(4)(e) by substituting “, Part 3 or 4 of this Act or Part 3 of the Housing (Miscellaneous Provisions) Act 2014 ” for “or Part 3 or 4”,

(f) in section 32(6) by deleting “or” in subparagraph (ii) and inserting the following after subparagraph (ii):

“(iia) the purchase of a house under Part 3 of the Housing (Miscellaneous Provisions) Act 2014, or”,

(g) in section 43(1) by substituting the following for paragraph (a) in the definition of “eligible household”:

“(a) a household assessed by a housing authority under section 20 as being qualified for social housing support, which has been allocated a dwelling to which this Part applies in accordance with an allocation scheme, and which applies to purchase the dwelling under this Part within 5 years from the date of such allocation, or”,

(h) in section 43 by substituting the following for subsection (2):

“(2) (a) A housing authority shall not proceed with the sale of a dwelling under an incremental purchase arrangement to a household referred to in paragraph (b) of the definition of ‘eligible household’ in subsection (1) where—

(i) at any time during the 3 years immediately before applying to the authority to purchase a dwelling under this Part, the household or a household member was in arrears of rent, rent contributions, charges, fees or any other moneys due and owing to a housing authority or an approved body for an accumulated period of 12 weeks or more in respect of a dwelling or site to which Chapter 3 of Part 2 of the Act of 2009 relates, and

(ii) subject to paragraph (b), the household or the member concerned has not entered into rescheduling arrangements with the housing authority or approved body concerned for the payment of such arrears, or, having entered into such arrangements, has not, in the opinion of the authority or body, substantially complied with their terms.

(b) In applying paragraph (a)(ii), a housing authority shall disregard the case where the authority or approved body concerned is satisfied that the failure of the household or the member concerned to substantially comply with the terms of the rescheduling arrangements was due to circumstances outside the control of such household or member.”,

(i) in section 45(2) by deleting paragraph (d),

(j) in section 64(9) by substituting the following for paragraph (a):

“(a) where—

(i) at any time during the 3 years immediately before applying to the authority to purchase an apartment under this Part, the tenant or a member of his or her household was in arrears of rent, rent contributions, charges, fees or any other moneys due and owing for an accumulated period of 12 weeks or more to a housing authority or an approved body in respect of a dwelling or site to which Chapter 3 of Part 2 of the Act of 2009 relates, and

(ii) subject to subsection (9A), the tenant or the household member has not entered into rescheduling arrangements with the housing authority or approved body concerned for the payment of such arrears, or, having entered into such arrangements, has not, in the opinion of the authority or body, substantially complied with their terms,”,

and

(k) in section 64 by inserting the following subsection after subsection (9):

“(9A) In applying subsection (9)(a)(ii), a housing authority shall disregard the case where the authority or approved body concerned is satisfied that the failure of the tenant or the household member concerned to substantially comply with the terms of the rescheduling arrangements was due to circumstances outside the control of such tenant or household member.”

PART 4 Housing Assistance

35.. Interpretation (Part 4)

35. In this Part—

“housing assistance” means the payment by a housing authority of rent for a dwelling to a landlord on behalf of a qualified household in accordance with this Part;

“landlord” means the person for the time being entitled to receive, otherwise than as agent for another person, the rent payable under a tenancy in a dwelling in respect of which housing assistance is provided;

“overcrowding” has the meaning given in section 63 of the Principal Act;

“public service card” has the same meaning as it has in section 263 of the Social Welfare Consolidation Act 2005;

“qualified household” means a household qualified for social housing support in accordance with section 20 of the Act of 2009, in respect of whom housing assistance under this Part is an appropriate form of social housing support;

“rent contribution” means the payment to the housing authority by a tenant who is a member of a qualified household of a contribution in respect of the rent for a dwelling paid by the authority to a landlord on behalf of the tenant’s household;

“social housing support” shall be read in accordance with section 19 of the Act of 2009;

“tenancy” includes a periodic tenancy and a tenancy for a fixed term, whether oral or in writing or implied, and includes a subtenancy, and cognate words shall be read accordingly.

36.. Restriction on application of Residential Tenancies Act 2004

36. Except in the case of a dwelling to which section 47 relates, a dwelling in respect of which housing assistance is provided under this Part shall not be construed as a dwelling let by or to a public authority for the purposes of section 3(2)(c) of the Residential Tenancies Act 2004.

37.Subject to regulations made for the purposes of subsection (4)(f) of section 20 of the Act of 2009, the provision of housing assistance under this Part shall be deemed to be an appropriate form of social housing support for a household that is determined by a housing authority under the said section 20 to be qualified for such support.

38. A qualified household belonging to a class of households prescribed for the purposes of this section may qualify for housing assistance in respect of a dwelling shared with one or more than one person who is not a member of the household, but only if such an arrangement does not result in overcrowding in the dwelling.

39.. Housing assistance

39.(1) A housing authority may, subject to subsection (3), provide housing assistance to a qualified household in accordance with this Part.

(2) In order for housing assistance to be provided under this Part to a qualified household in respect of a dwelling—

(a) that household shall source the dwelling in respect of which it seeks housing assistance,

(b) the dwelling concerned shall meet the conditions set down in section 41,

(d) the member of the qualified household who is the tenant of the dwelling occupied by that household shall pay a rent contribution to the housing authority in accordance with section 44, and

(e) the housing authority shall be satisfied that the tenancy concerned is or would be a tenancy in good faith.

(3) In providing housing assistance to a qualified household in accordance with subsection (1), a housing authority shall ensure that, in respect of the financial year concerned, the aggregate of the authority’s payments of such assistance does not exceed the moneys made available to the authority for that purpose in that year from the Vote for Environment, Community and Local Government in the Estimates for Public Services (within the meaning of section 17(1) (inserted by the Ministers and Secretaries (Amendment) Act 2013) of the Ministers and Secretaries (Amendment) Act 2011).

40.. Housing authority not liable for rent due to landlord

40. The payment by a housing authority of housing assistance to a landlord or his or her agent does not imply any liability on the part of the housing authority for rent due to the landlord or in respect of any other tenant obligation under the tenancy concerned.

41.. Requirements in relation to dwelling

41.(1) Except where otherwise provided for by this section, it is a condition of the provision of housing assistance to a household in respect of a dwelling that the housing authority concerned is satisfied that the dwelling complies with standards prescribed under section 18 of the Act of 1992.

(2) (a) The condition referred to in subsection (1) shall be deemed to be met if the housing authority, within a prescribed period prior to the date on which the household notifies the authority of the dwelling in respect of which housing assistance is sought, inspected the dwelling and was satisfied that the dwelling complied with that condition.

(b) (i) In a case where paragraph (a) does not apply, then the housing authority—

(I) shall, within a prescribed period after the date when housing assistance commences, arrange to inspect the dwelling for the purpose of satisfying the authority that the dwelling complies with the condition referred to in subsection (1), and

(II) may provide housing assistance in respect of the dwelling concerned until the dwelling is so inspected,

and the authority shall notify the qualified household accordingly.

(ii) In this paragraph the reference to assistance commencing means the commencement date of the period in respect of which the housing authority made the first payment of rent under this Part to the landlord of the dwelling.

(c) A housing authority may provide housing assistance in respect of a dwelling the subject of a subsisting improvement notice given under section 18A of the Act of 1992 and shall notify the qualified household accordingly.

(d) (i) A dwelling the subject of proceedings under section 18B of the Act of 1992 or in respect of which a prohibition notice under that section is in force shall not be, or shall cease to be, eligible for housing assistance.

(ii) Notwithstanding subparagraph (i), where a household is residing in the dwelling in respect of which a prohibition notice under section 18B of the Act of 1992 is in force, the housing authority may provide, or continue to provide, housing assistance in respect of the dwelling for a period prescribed under this subparagraph for the purposes of enabling the qualified household to find an alternative dwelling.

(iii) Where subparagraph (ii) applies, the housing authority shall notify the qualified household of the prescribed period under that subparagraph for which housing assistance is being provided in respect of the dwelling concerned.

(3) (a) Where a housing authority determines that a dwelling in respect of which housing assistance is sought, or which is the subject of housing assistance, does not meet, or no longer meets, the accommodation needs of a qualified household due to overcrowding, then the dwelling shall not be, or shall cease to be, eligible for housing assistance.

(b) In a case where paragraph (a) applies and the household is residing in the dwelling, the housing authority may provide, or continue to provide, housing assistance in respect of the dwelling for a period prescribed under this paragraph for the purposes of enabling the qualified household to find an alternative dwelling.

(c) Where paragraph (b) applies, the housing authority shall notify the qualified household of the prescribed period under that paragraph for which housing assistance is being provided in respect of the dwelling concerned.

(4) (a) Subject to paragraph (b), a housing authority may designate—

(i) an area specified by the Minister as being an area of regeneration for the purpose of providing for greater social integration,

(ii) an area specified by the authority as an area where there is a need to counteract or avoid undue segregation in housing between people of different social backgrounds,

and a dwelling located in such an area so specified that was not the subject of housing assistance on the date the designation was made shall not be eligible for housing assistance.

(b) Where the number of local government electors for the time being in an area referred to in paragraph (a)(ii) exceeds a prescribed number, the designation of that area under that paragraph shall be subject to the consent of the Minister, who may direct the authority to amend the designation in a manner that he or she may direct.

(c) In paragraph (b) “local government elector” means a person entitled to vote at a local election under Part 4 of the Local Government Act 2001.

42.. Requirements in relation to landlord

42.(1) In this section “tax reference number” means—

(a) in relation to an individual, that individual’s personal public service number (within the meaning of section 262 of the Social Welfare Consolidation Act 2005), or

(b) in relation to a body corporate—

(i) the reference number stated on any return of income form or notice of assessment issued to that body corporate by an officer of the Revenue Commissioners, or

(ii) the registration number of the body corporate for the purposes of the Value-Added Tax Acts.

(2) Housing assistance shall not be provided by a housing authority in respect of a dwelling unless the landlord of the dwelling, on request by the authority, supplies in writing to the authority—

(a) where he or she has not produced to the authority his or her public service card under subsection (5), his or her tax reference number, and

(b) subject to subsection (3), a current tax clearance certificate issued to him or her under section 1095 of the Taxes Consolidation Act 1997.

(3) (a) Subject to subsection (6), where the condition in subsection (2) (b) is not met and housing assistance is not being provided in respect of another dwelling owned by the landlord concerned, the housing authority may provide housing assistance in respect of the dwelling concerned by virtue of this subsection—

(i) pending the landlord supplying the certificate concerned to the authority,

(ii) until a further payment by the housing authority of housing assistance falls due which, if paid, would result in total payments by the authority to the landlord in any period of 12 months exceeding a prescribed amount, or

(iii) until the period prescribed for the purpose of this subparagraph expires,

whichever of those events first occurs.

(b) In the case where paragraph (a) applies, the housing authority shall notify the qualified household of the circumstances in which housing assistance is being provided and subsequently of the occurrence of the earlier of the events set out in that paragraph.

(4) Where an event referred to in paragraph (ii) or (iii) of subsection (3)(a) occurs, then, subject to subsection (6) —

(a) the dwelling concerned shall cease to be eligible for housing assistance but the housing authority may continue to provide housing assistance in respect of the dwelling under the scheme for a prescribed period for the purposes of enabling the qualified household to find another dwelling, and

(b) the housing authority shall notify the qualified household accordingly.

(5) A landlord of a dwelling in respect of which housing assistance is being paid or sought under this Part shall, on request by the housing authority concerned—

(a) where a public services card has been issued to the landlord, produce it to the authority,

(b) provide such information as the authority may require from time to time for the purposes of determining whether housing assistance is payable, or continues to be payable, in the case.

(6) The Minister may prescribe the circumstances in which housing assistance may, pending the supply of a relevant tax clearance certificate, continue to be paid or be paid where—

(a) there has been a transfer of any interest in the dwelling concerned resulting in a person becoming a landlord for the purposes of the payment of housing assistance in respect of that dwelling, and

(b) there is pending the supply of a tax clearance certificate by such person to any housing authority in respect of one or more other dwellings (whether as part of such transfer or otherwise) for which he or she is also a landlord, and, where the Minister has not prescribed for circumstances to which this subsection would relate then, where appropriate so to do in respect of those circumstances, regulations made for the purposes of this subsection or subsection (4) shall be applied by the housing authority concerned with any necessary modifications.

43.. 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.

44.. Payment of rent contribution by qualified household

44.(1) The member of a qualified household who is the tenant of the dwelling the subject of housing assistance shall pay a rent contribution to the housing authority concerned, determined in accordance with section 31 of the Act of 2009, in respect of the household’s occupation of that dwelling.

(2) The Minister may, for the purposes of this section, prescribe the manner in which a tenant shall pay, or have paid on his or her behalf, a rent contribution to the housing authority.

45.. Ineligibility for housing assistance, etc.

45.(1) In this section “a specified form of social housing support” means social housing support of a kind referred to in paragraph (a), (b) or (d) of section 19(2) of the Act of 2009.

(2)Subsection (3) applies to a qualified household in receipt of housing assistance that has applied to the housing authority to transfer to a specified form of social housing support.

(3) Where a household to which this subsection applies refuses a prescribed number of reasonable offers of a specified form of social housing support in any continuous period that is prescribed, then—

(a) the authority concerned shall not consider that household’s request for a transfer for a prescribed period after the last refusal during the continuous period so prescribed, and

(b) that prescribed period shall not subsequently be reckonable in any way for the purposes of determining the relative priority of that household for transfer to a specified form of social housing support.

(4) In making an offer of social housing support to which subsection (3) relates, a housing authority may, unless it has been prescribed for the purpose of the subsection concerned, specify a period within which, or a date by which, the offer has to be accepted before it lapses and if the offer lapses, it shall be deemed to be a refusal for the purposes of that subsection.

(5) (a) A household in receipt of a form of social housing support other than housing assistance shall not be eligible for such assistance, except where a housing authority is satisfied that the household is unable to continue to live in the dwelling concerned due to exceptional circumstances, including displacement by fire, flood or any other emergency, that was not caused by an act, or a failure to act, by the household or a household member.

(b) A housing authority may, in respect of a household that receives housing assistance in circumstances to which paragraph (a) applies, provide such assistance in respect of an amount of rent that exceeds the maximum amount of rent prescribed or determined under section 43(2) for—

(i) the class of household to which the household belongs, and

(ii) the circumstances and location of the dwelling concerned,

where the housing authority is satisfied, having regard to all the circumstances of the case, that the household has a reasonable requirement to remain in the locality of the dwelling from which the household was required to move.

(c) A household that receives housing assistance in the circumstances set out in paragraph (a) shall cease to be eligible for such assistance when the housing authority—

(i) is satisfied that the dwelling referred to in paragraph (a) is suitable for occupation by the household, or

(ii) provides or allocates under the Housing Acts 1966 to 2014 (other than in respect of the exceptional circumstance to which paragraph (a) relates or any subsequent exceptional circumstance) an appropriate dwelling for the household in the locality of the said dwelling.

(6) Notwithstanding anything contained in this Part, a housing authority may—

(a) refuse to provide, or to continue providing, housing assistance to a qualified household where—

(i) the authority considers that any member of the household is or has been engaged in anti-social behaviour, or

(ii) the household fails to provide information, including information relating to—

(I) members residing together or proposing to reside together as part of the household, or

(II) other persons with whom the household is residing or proposes to reside,

which is requested by the authority and which the authority considers necessary for the purposes of this Part,

(b) refuse to permit a person who proposes to take up or resume residence or enter or be in a dwelling the subject of housing assistance where—

(i) the authority considers that the person is or has been engaged in anti-social behaviour, or

(ii) the qualified household or the person concerned fails to provide information that is requested by the authority and which the authority considers necessary in connection with deciding whether to give or refuse such permission.

46.. Change of dwelling

46. (1) (a) Subject to subsection (2), a qualified household in receipt of housing assistance shall cease to be eligible for social housing support for a prescribed period that shall not exceed one year where the household moves from a dwelling the subject of such assistance and seeks housing assistance in respect of another dwelling within a prescribed period starting on the date that such assistance commences and does so for reasons other than in consequence of the operation of section 41, 42 or 43(2)(d)(ii).

(b) In paragraph (a) the reference to assistance commencing means the commencement date of the period in respect of which the housing authority made the first payment of rent under this Part to the landlord of the dwelling.

(2)Subsection (1) does not apply where—

(a) the landlord of the dwelling from which the qualified household moved—

(i) served a notice of termination on the tenant concerned prior to the tenancy becoming a Part 4 tenancy within the meaning of the Residential Tenancies Act 2004, or

(ii) terminated the tenancy on a ground specified in the Table to section 34 of that Act, in the case of a Part 4 tenancy within that meaning,

(b) the term of the household’s tenancy in the dwelling expired, or

(i) due to overcrowding, the dwelling from which the household moved did not meet the accommodation needs of the qualified household, or

(ii) the household moved from the dwelling in order to take up or change employment or for educational purposes, or due to exceptional circumstances, including displacement by fire, flood or any other emergency or for exceptional medical or compassionate reasons.

47.. Housing assistance in respect of accommodation provided under scheme of capital assistance

47.(1) In this section “scheme of capital assistance” means the scheme of capital assistance for the provision of housing accommodation operated under section 6 of the Act of 1992 and section 12 of the Act of 2009.

(2) Notwithstanding anything in the other provisions of this Part, the Minister may, where he or she considers it just and equitable in the circumstances to do so, prescribe the manner in which a housing authority shall, subject to subsection (6) and having regard to the financial circumstances of the household concerned and their ability to pay rent, provide housing assistance in respect of the rent payable by the household member who is the tenant of an approved body for the occupation of a dwelling in receipt of assistance under the scheme of capital assistance.

(3) Without prejudice to the generality of subsection (2), the Minister may prescribe any of the following:

(a) the manner in which a housing authority shall determine whether housing assistance should be provided in respect of a particular household;

(b) the manner in which an authority shall calculate the amount of housing assistance that shall be payable in a particular class of case;

(d) the manner in which housing assistance shall be provided;

(e) where subsection (6) applies, the procedures to be followed by a housing authority if it considers that any member of the household concerned is or has been engaged in anti-social behaviour;

(f) any conditions that shall be complied with in order for housing assistance to be payable.

(4) (a) The tenant of a dwelling in respect of which housing assistance is provided under this section shall pay rent to the approved body concerned in accordance with the terms of the scheme of capital assistance, reduced by the amount of housing assistance payable in respect of that rent.

(b) Where paragraph (a) applies, then the failure by the tenant to duly pay the amount of rent referred to in that paragraph shall, subject to the provisions of the Housing Acts 1966 to 2014, result in the household of which he or she is a member ceasing to be eligible for housing assistance.

(5) The payment by a housing authority of housing assistance to an approved body under this section does not imply any liability on the part of the housing authority for rent due to the approved body or in respect of any other tenant obligation under the tenancy concerned.

(6) A housing authority may, subject to any regulations to which subsection (3)(e) relates, refuse to provide, or to continue providing, housing assistance in respect of a household under this section where the authority considers that any member of the household is or has been engaged in anti-social behaviour.

48.. Review of certain decisions

48.(1) Other than in respect of decisions on a review under this section, the Minister may prescribe one or more than one class of decision made by a housing authority under this Part (in this section referred to as a “prescribed decision”) to which this section applies.

(2) This section applies where a household does not agree with a prescribed decision made by a housing authority under this Part.

(3) A household that does not agree with a prescribed decision made by a housing authority under this Part may request a housing authority in writing (in this section referred to as a “review request”) to review the decision.

(4) A review request shall—

(a) outline the grounds upon which the household disputes the prescribed decision and be accompanied by any relevant supporting documents, and

(b) state whether a member of the household wishes to make oral representations to the housing authority as part of the review.

(5) (a) Subject to paragraph (b), a review request shall be received by the housing authority within 8 working days from the issuing of the prescribed decision to the household.

(b) The Minister may prescribe the types of extenuating circumstances as a consequence of which the period of 8 working days referred to in paragraph (a) may, at the discretion of the housing authority concerned and upon being satisfied that any such circumstance does apply, be extended upon application by or on behalf of the household for such period as decided by the housing authority, but any such further period so decided shall not, taken together with the 8 working days from the issuing of the prescribed decision concerned, exceed 16 working days from such issue.

(6) On receipt of a valid review request, the chief executive of the local authority concerned shall appoint as the reviewer of the prescribed decision concerned an officer or employee of a local authority who was not involved in the making of the prescribed decision and who is senior in rank to the officer or employee who made that decision.

(7) The reviewer shall review the prescribed decision as if the matter were being decided for the first time and on the basis of the information available to him or her.

(8) A reviewer may make such enquiries and meet with any person, including the household requesting the review, that he or she considers appropriate to meet in the circumstances.

(9) Except where the reviewer and the household otherwise agree in writing, the reviewer shall make a decision on the review within 10 working days of his or her appointment or, where—

(a) the household wishes to make oral representations to the reviewer, or

(b) the reviewer wishes to meet the household or a household member as part of the review,

within 20 working days of his or her appointment.

(10) A decision on a review request by a household shall—

(a) confirm the prescribed decision in its original terms,

(b) where appropriate, vary the prescribed decision in specified terms, or

and shall state the reasons for doing so and the housing authority shall send a copy in writing of the reviewer’s decision and reasons to the household.

(11) Any variation to a prescribed decision proposed by the reviewer under subsection (10)(b), other than to correct any clerical error of a non-material nature, shall not be made without first giving the household an opportunity to comment or make representations on such a variation.

(12) A household that has made a review request may, at any time before the review is completed, notify the housing authority in writing that they are withdrawing the review request but any such withdrawal is subject to subsection (13).

(13) A reviewer may, notwithstanding the withdrawal of a review by the household and where the reviewer is satisfied that it is in order to do so, continue the review under this section as if the withdrawal had not been made and the housing authority shall notify the household in writing accordingly.

(14) Where, in a review under this section, a member of An Garda Síochána or an officer of a housing authority states that he or she believes that a person is or has been engaged in anti-social behaviour then, if the reviewer believes that there are reasonable grounds for such belief, the reviewer may accept that statement as evidence of such anti-social behaviour.

(15) In a review of a tenancy warning under this section, the housing authority concerned and the reviewer shall have due regard to protecting the identity of persons informing the authority or reviewer of anti-social behaviour in circumstances where, in the opinion of the authority or the reviewer, not to do so—

(a) could render those persons or persons associated with them liable to violence, threat or fear as a consequence of so informing, or

(b) might otherwise have prevented those persons from so informing because of such violence, threat or fear.

49.. Part 4 and amendment of Act of 2009

49.(1) Section 19 of the Act of 2009 is amended in subsection (2) by inserting the following after paragraph (b):

“(bb) providing housing assistance under Part 4 of the Housing (Miscellaneous Provisions) Act 2014;”.

(2) Section 20 of the Act of 2009 is amended—

(a) in subsection (2) by substituting the following for paragraph (b):

“(b) an appropriate form of such support for that household.”,

(b) by substituting the following for subsection (3):

“(3) A housing authority may carry out a social housing assessment in respect of a household where a household member is in receipt of a supplement under section 198(3) of the Social Welfare Consolidation Act 2005 towards the amount of rent payable in respect of his or her residence.”,

(d) in paragraph (g) of subsection (4) by inserting “member” after “household”,

(e) by inserting the following after subsection (4):

“(4A) (a) Where, due to the circumstances of a particular case, a housing authority is unable to establish for the time being whether alternative accommodation is available to a household that would meet the household’s housing need, the authority may, subject to the other provisions of this section, determine that the household is qualified for the forms of social housing support specified in paragraphs (bb) and (d) of section 19(2) of the Act of 2009.

(b) A determination under paragraph (a) shall be reviewed by the housing authority at intervals prescribed for the purposes of this section.

(c) A household to which paragraph (a) relates that is in receipt of a form of social housing support referred to in that paragraph is not eligible to apply for a transfer to a form of such support not referred to in paragraph (a) but, if a housing authority subsequently determines that alternative accommodation is not available to the household that would meet its housing need, then the length of time that the household was in receipt of that form of social housing support shall be reckonable, in accordance with the allocation scheme of the housing authority, for the purposes of an application by the household for a transfer to another form of social housing support.”,

(f) by inserting the following after subsection (5):

“(5A) (a) Subject to paragraph (b), a household in receipt of social housing support shall cease to be eligible for such support where—

(i) in the preceding 3 years, the household or a household member was in arrears of rent, rent contributions, charges, fees or any other moneys due and owing to a housing authority or an approved body for an accumulated period of 12 weeks or more in respect of a dwelling or site to which Chapter 3 of Part 2 of the Act of 2009 relate, and

(5B) (a) Where a qualified household that is entered on the record of qualified households maintained by a housing authority refuses a prescribed number of reasonable offers of a specified form of social housing support in any continuous period that is prescribed, then—

(i) the household shall be ineligible for social housing support for a prescribed period after the last refusal during the said continuous period, and

(ii) the prescribed period of ineligibility shall not subsequently be reckonable in any way for the purposes of determining the relative priority of that household for social housing support.

(b) In making an offer of housing social support referred to in paragraph (a), a housing authority may, unless it has been prescribed for the purpose of the paragraph concerned, specify a period or date within which the offer has to be accepted before it lapses and if the offer lapses it shall be deemed to be a refusal for the purposes of that subsection.

(c) In this subsection ‘specified form of social housing support’ means social housing support of a kind referred to in paragraph (a), (b) or (d) of section 19(2).”,

and

(g) by substituting the following for subsection (10):

“(10) A housing authority shall not be required to carry out a social housing assessment in respect of a household in receipt of social housing support that is seeking to transfer to, or to avail of, another form of social housing support.”

(3) Section 31 of the Act of 2009 is amended by substituting the following for subsection (2):

“(2) (a) In this section references to rent include a rent contribution payable by a tenant under a Chapter 4 tenancy agreement.

(b) In this section, other than subsection (6)(h), references to rent include a rent contribution payable under section 44of the Housing (Miscellaneous Provisions) Act 2014 by a tenant who is a member of a qualified household within the meaning of section 35of that Act.”

(4) Section 32 of the Act of 2009 is amended—

(a) in subsection (1) by deleting “and” where it last occurs in paragraph (b) and by inserting the following after paragraph (b):

“(ba) a household that has been determined by a housing authority to be qualified for social housing support and is seeking housing assistance in respect of a particular dwelling, and”,

(b) in paragraph (b) of subsection (2), by substituting “paragraph (a), (b) or (ba) of subsection (1) ” for “subsection (1)(a) or (b) ”, and

“(5A) Without prejudice to subsection (2), for the purpose of enabling a housing authority to consider a request from a qualified household for housing assistance under Part 4 of the Housing (Miscellaneous Provisions) Act 2014 in respect of a particular dwelling, the Minister may make regulations providing for—

(a) the information and particulars to be provided by the household in respect of the dwelling, the landlord involved and, in relevant cases, the person or person with whom the household proposes to reside in the dwelling, and the verification of such information and particulars,

(b) the furnishing of such additional information as the authority considers appropriate for the purposes of considering the request,

(c) the period within which the information and particulars including any additional information, shall be provided by the household concerned, and

(d) such other matters as the Minister considers necessary and appropriate.”

50.. Application of Part 4 to housing authorities

50. The Minister may, for the purpose of facilitating the introduction of housing assistance, prescribe the date on which this Part shall be applied by specified housing authorities in respect of specified classes of household and the Minister may specify different dates and different classes of household in respect of different housing authorities.

51.. Expenses incurred by housing authority under Part 4

51. The Minister may, with the prior consent of the Minister for Public Expenditure and Reform, make payments, out of money provided by the Oireachtas, to a housing authority in respect of some or all of the expenses, including administration expenses, incurred by the authority by virtue of this Part.

PART 5 Miscellaneous

52.. Definition (Part 5)

52. In this Part “Act of 2005” means the Social Welfare Consolidation Act 2005.

53.(1) In this section—

“net scheme payments” means the amount payable weekly under a scheme to a relevant recipient by the Minister for Social Protection after—

(a) any deductions for the purposes referred to in section 341(7) of the Act of 2005, and

(b) the deduction of any amounts required to be deducted by an order of a court,

and, in the case of deductions in respect of—

(i) rent, includes any amount specified in columns (2) to (8) of Part 1 of Schedule 2 to the Act of 2005 or columns (2) to (8) of Part 1 of Schedule 4 to that Act, or

(ii) rent arrears, excludes any amount specified in columns (3) to (8) of Part 1 of Schedule 2 to the Act of 2005 or columns (3) to (8) of Part 1 of Schedule 4 to that Act;

“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;

“relevant recipient” means a person entitled to a payment under the scheme from which a deduction may be made by the Minister for Social Protection in accordance with this section;

“rent” means—

(a) rent payable by a tenant to a housing authority under section 31 of the Act of 2009, or

(b) rent contribution payable by a person to a housing authority under section 25 of the Act of 2009 or under section 44,

and references to rent arrears shall be construed accordingly;

“requested amount of rent arrears” has the meaning given in subsection (4)(b)(iii);

“requested amount of rent” has the meaning given in subsection (2)(b)(iii);

“scheme” means the provisions of the Social Welfare Acts providing for such benefits or such assistance or supplements, as the case may be, as are by order under subsection (14) specified for the purposes of this section by the Minister, with the consent of the Minister for Social Protection;

“scheme payments” means the amount payable under the scheme to or on behalf of a relevant recipient by the Minister for Social Protection.

(2) (a) A housing authority may make a request to the Minister for Social Protection to deduct from net scheme payments the amount of rent payable to the authority by the relevant recipient concerned and to transmit the amount deducted to the authority.

(b) A request by a housing authority under paragraph (a) shall specify—

(i) the PPS Number of the relevant recipient concerned,

(ii) the start date for the deduction of rent, and

(iii) the amount of rent that the Minister for Social Protection is requested (in this section referred to as the “requested amount of rent”) to deduct from that recipient’s net scheme payments.

(3) (a) When a request is made by a housing authority under subsection (2), the Minister for Social Protection shall, from the start date referred to in subsection (2)(b)(ii) and in accordance with this section, deduct the requested amount of rent from the net scheme payments of the relevant recipient concernedand that Minister shall, as soon as practicable, notify the housing authority concerned accordingly.

(b) Where, at any time there is an insufficient amount available in the relevant recipient’s net scheme payments to enable the whole of the requested amount of rent to be deducted, the Minister for Social Protection shall deduct for that purpose the whole of the amount that can be deducted under this section from that recipient’s net scheme paymentsand that Minister shall, as soon as practicable, notify the housing authority concerned of the amount so deducted.

(c) Where, at any time there is no amount available in the relevant recipient’s net scheme payments to enable any of the requested amount of rent to be deducted, the Minister for Social Protection shall, as soon as practicable, notify the housing authority concerned that the requested deduction has not been made.

(d) Where a housing authority makes requests in respect of a relevant recipient under subsections (2) and (4) that relate to scheme payments due on the same date, the Minister for Social Protection shall make deductions in respect of the request under subsection (2) before making deductions in respect of the request under subsection (4).

(4) (a) A housing authority may make a request to the Minister for Social Protection to deduct from a relevant recipient’s net scheme payments an amount in respect of rent arrears due to the authority by that recipient and to transmit the amount deducted to the authority.

(b) A request by a housing authority under paragraph (a) shall specify—

(i) the PPS Number of the relevant recipient concerned,

(ii) the start date for the deduction of rent arrears, and

(iii) the amount of rent arrears that the Minister for Social Protection is requested (in this section referred to as the “requested amount of rent arrears”) to deduct from that recipient’s net scheme payments.

(5) (a) When a request is made by a housing authority under subsection (4), the Minister for Social Protection shall, from the start date referred to in subsection (4)(b)(ii) and in accordance with this section, deduct the requested amount of rent arrears from the relevant recipient’s net scheme payments, but any such deduction in respect of rent arrears is subject to the condition that, if necessary, it shall be reduced so that the sum of the deductions made in accordance with section 341(7) of the Act of 2005 and in respect of rent arrears does not exceed 15 per cent of the weekly rate (within the meaning provided for by section 341(7B) of the Act of 2005) of benefit or assistance to which the relevant recipient is or becomes entitled.

(b) The Minister for Social Protection shall, as soon as practicable, notify the housing authority concerned of the amount of rent arrears deducted under paragraph (a).

(c) Where, at any time there is an insufficient amount available in the relevant recipient’s net scheme payments to enable the whole of the requested amount of rent arrears to be deducted, the Minister for Social Protection shall deduct for that purpose the whole of the amount that can be deducted under this section from that recipient’s net scheme payments.

(d) Where, due to any deductions made in accordance with section 341(7) of the Act of 2005 or in respect of rent, there is at any time no amount available in the balance of the relevant recipient’s net scheme payments to enable any of the requested amount of rent arrears to be deducted, the Minister for Social Protection shall, as soon as practicable, notify the housing authority concerned that the requested deduction has not been made.

(6) A request by a housing authority under subsection (2) or (4) shall cease to have effect on whichever of the following events first occurs:

(a) receipt by the Minister for Social Protection of notice from the authority terminating the request;

(b) receipt by the Minister for Social Protection of a new request from the authority under the same subsection relating to the same relevant recipient;

(7) (a) The Minister for Social Protection shall be accountable to a housing authority for the amount of rent and rent arrears deducted from net scheme payments as a consequence of a request by that authority under subsection (2) or (4).

(b) Rent and rent arrears deducted by the Minister for Social Protection under this section shall be transmitted to the housing authority concerned in the form and manner agreed between the Minister and the Minister for Social Protection.

(c) Subject to any other arrangement that may be agreed between the Minister and the Minister for Social Protection, the Minister for Social Protection shall transmit rent and rent arrears deducted under this section to the housing authority concerned within 5 working days after such deduction.

(8) (a) Where the Minister for Social Protection is required under this section to notify a housing authority of the amount of a deduction in respect of rent or rent arrears or that a requested deduction has not been made, that requirement shall be satisfied if that Minister has, in respect of the authority to be notified, enabled the authority to have access to the information concerned in a manner that is agreed by the Minister and the Minister for Social Protection.

(b) An agreement between the Minister and the Minister for Social Protection for the purposes of paragraph (a) —

(i) shall include the period within which such information will be made accessible to the local authority concerned, after the deduction was made or after the date the deduction due has not been made, and

(ii) may include a time limit or a reference to the occurrence of one or more than one event after which the Minister for Social Protection is not required to make that information available to the local authority concerned in accordance with this subsection.

(9) Where a relevant recipient, in respect of whom the housing authority concerned has made a request under this section, ceases to be entitled to receive scheme payments at any time when the request is a subsisting request, then the Minister for Social Protection shall, as soon as practicable, notify the housing authority accordingly.

(10) Where the Minister for Social Protection has received a request from a housing authority under this section but has not deducted the whole or part of the amount of rent or rent arrears referred to in the request from a relevant recipient’s net scheme payments, then—

(a) the amount of rent or rent arrears not deducted may be included in any subsequent request made by the housing authority concerned to that Minister in respect of the relevant recipient concerned, or

(b) the housing authority may, without prejudice to any other power of a housing authority in the matter, agree with the relevant recipient an alternative method of payment of the amount concerned of rent or rent arrears due and owing to the authority.

(11) Where—

(a) the amount of rent or rent arrears deducted by the Minister for Social Protection from a relevant recipient’s net scheme payments exceeds the amount which the housing authority concerned requested that Minister to deduct under this section, and

(b) the Minister for Social Protection has transmitted to that housing authority the amount of rent or rent arrears deducted, then that authority shall, subject to any other arrangement that may be agreed between the Minister and the Minister for Social Protection, repay the amount of the excess to the Minister for Social Protection within 5 working days after receiving notification from that Minister of the excess amount so transmitted or otherwise becoming aware of the excess amount so transmitted.

(12) Where the Minister for Social Protection has—

(a) deducted the amount of rent or rent arrears requested by a housing authority under this section or a lesser amount from a relevant recipient’s net scheme payments, and

(b) transmitted that amount to the housing authority, but the balance of net scheme payments concerned payable to the relevant recipient is not, for whatever reason, duly paid to that recipient, then that Minister shall notify the housing authority accordingly and the authority shall, subject to any other arrangement that may be agreed between the Minister and the Minister for Social Protection, repay to the Minister for Social Protection the amount of the excess within 5 working days after receiving the notification.

(13) (a) Where a housing authority has made a request under this section, the Minister for Social Protection shall keep a record in relation to each such request of such information as may be prescribed by the Minister, with the consent of the Minister for Social Protection.

(b) The Minister for Social Protection—

(i) shall keep the records referred to in paragraph (a) for such period as may, with the consent of that Minister, be prescribed by the Minster, and

(ii) shall produce those records so kept to the housing authority concerned upon its request.

(14) The Minister may, with the consent of the Minister for Social Protection, by order provide that such benefits or such assistance or supplements under the Social Welfare Acts as are specified in the order shall be the scheme for the purposes of this section.

(15) Where an amount of rent or rent arrears is, in accordance with this section, deducted by the Minister for Social Protection from a relevant recipient’s net scheme payments, that Minister shall, except in the case of any excess deduction transmitted to a housing authority under subsection (11) that has been notified by that Minister to the authority, be acquitted and discharged of such amount as is represented by the deduction, as if the amount had actually been paid to the relevant recipient.

54.. Amendments to Act of 2005

54.(1) The Act of 2005 is amended in section 196 by inserting the following after subsection (2):

“(3) A person who is in receipt of any benefit, assistance or supplement under this Act from which a deduction is being made in respect of payment of rent or rent arrears under section 53 of the Housing (Miscellaneous Provisions) Act 2014 shall not be entitled to claim for supplementary welfare allowance under this section in respect of the monies so deducted.”,

(2) The Act of 2005 is amended in section 198—

(a) in subsection (3F), by substituting “Subject to subsection (3FB), a person shall not be entitled to a payment” for “A person shall not be entitled to a payment”, and

(b) by inserting the following after subsection (3F):

“(3FA) Subject to subsection (3FB), a person shall not be entitled to a payment referred to in subsection (3) unless, and subject to subsection (3H), on the making of the application, a designated person is satisfied that the person is a bona fide tenant, and—

(a) subject to subsection (3G) where applicable, was in receipt of a payment referred to in subsection (3) in respect of another tenancy immediately before the making of the application or was in receipt of the payment within a specified period as prescribed,

(b) has been residing, for the period that is prescribed, in rented accommodation in respect of which—

(i) there was at the commencement of the tenancy, an expectation that, in so far as was reasonable in all the circumstances, the person could pay the rent into the future, and

(ii) the person was in a position to pay the rent at the commencement of the tenancy,

and subsequent to the commencement of the tenancy the person has experienced a substantial change in his or her circumstances and is unable to pay the rent and such change in circumstances has not been caused by that person, or

(i) in accommodation for homeless persons as provided under section 10 of the Housing Act 1988, or

(ii) in an institution,

except where the household of which the person is a member is determined to be qualified for social housing support by a housing authority under a social housing assessment pursuant to section 20 of the Housing (Miscellaneous Provisions) Act 2009.

(3FB) (a) Subsection (3F) shall apply, where appropriate, except in respect of a case to which paragraph (b) relates.

(b) Subsection (3FA) shall apply to a person where—

(i) regulations made under section 50 of the Housing (Miscellaneous Provisions) Act 2014 provide that a specified housing authority shall apply Part 4 of that Act in respect of a specified class of household, and

(ii) he or she is a member of a household within such a class of household and the specified authority is the housing authority for the household for the purposes of Part 4 of that Act.”

(3) The Act of 2005 is amended in section 198 by inserting the following after subsection (3F):

“(3G) (a) (i) A person in receipt of a payment under subsection (3) in respect of a continuous period that is not shorter than a prescribed period shall—

(I) on being requested to do so in writing by a designated person, apply to the housing authority concerned for social housing support for his or her household and, as a consequence, for a social housing assessment to be carried out under section 20 of the Housing (Miscellaneous Provisions) Act 2009, and

(II) subject to subparagraph (ii), within 6 weeks of that request by a designated person, provide to the designated person confirmation that the household has forwarded a duly completed application form for social housing support to that authority for the purpose of a social housing assessment being so carried out.

(ii) The designated person may, where he or she is satisfied that an extension of time is justified in a particular case, extend the period referred to in subparagraph (i)(II) for a further period that shall not, in any case, exceed 6 weeks.

(iii) Where a person to whom subparagraph (i) applies fails to duly provide the confirmation in accordance with subparagraph (i)(II) or with that subparagraph and subparagraph (ii), then he or she shall cease to be entitled to a payment under subsection (3) when the period referred to in subparagraph (i)(II) or subparagraph (ii), as the case may be, has expired.

(b) A person in receipt of a payment under subsection (3) shall cease to be entitled to such a payment where a housing authority notifies the Minister that the household of which the person is a member has failed to duly supply to the authority additional information that the authority requested for the purposes of verifying information, for the purposes of a social housing assessment under section 20 of the Housing (Miscellaneous Provisions) Act 2009, that relates to the household’s application for social housing support.

(3H) A person in receipt of a payment under subsection (3) shall cease to be entitled to such a payment where a housing authority determines that the household of which the person is a member is qualified for social housing support and the authority notifies the Minister that—

(a) social housing support is being provided to that household,

(b) housing assistance under Part 4 of the Housing (Miscellaneous Provisions) Act 2014 is an appropriate form of support for that household and the household has done or failed to do anything in consequence of which the household has not taken up that form of social housing support, or

(c) by virtue of the operation of section 20(5B) of the Housing (Miscellaneous Provisions) Act 2009, the household is ineligible for social housing support for a period prescribed under that enactment.”.

(4) The Act of 2005 is amended in section 290A—

(a) by substituting the following for subsection (1):

“290A. (1) This section applies to a beneficiary who is—

(a) a tenant of a housing body, or

(b) a tenant of a dwelling that is the subject of housing assistance under section 39 of the Housing (Miscellaneous Provisions) Act 2014,

and who is entitled to a benefit prescribed under this section.”,

(b) by substituting the following for subsection (4):

“(4) A deduction and payment made pursuant to this section shall cease—

(a) where the beneficiary—

(i) ceases, upon his or her death or otherwise, to be a tenant of a housing body,

(ii) ceases, upon his or her death or otherwise, to be a tenant of a dwelling that is the subject of housing assistance under section 39 of the Housing (Miscellaneous Provisions) Act 2014, or

(iii) otherwise ceases to be entitled to a benefit prescribed under this section,

(b) where such deduction and payment are discontinued in accordance with this section.”,

and

(c) in subsection (7), by substituting “as amended by the Local Government Reform Act 2014” for “amended by section 8 of the Housing (Miscellaneous Provisions) Act 2009”.

55. (1) Notwithstanding any enactment or rule of law—

(a) a relevant person shall, upon a request from a housing authority, provide the housing authority with such information in the possession or control of the relevant person or, where the relevant person is a body corporate, any subsidiary (within the meaning of section 155 of the Companies Act 1963) of the relevant person as the housing authority may reasonably require for the purpose of enabling the housing authority to perform its functions under the Housing Acts 1966 to 2014, and

(b) a housing authority shall, at such intervals as a relevant person may specify, provide the relevant person with such information obtained by the housing authority pursuant the Housing Acts 1966 to 2014, including tax reference numbers, as the relevant person may reasonably require for the purpose of enabling such person to perform functions under a specified enactment.

(2) In this section—

“relevant person” means, as the context may require—

(a) the Minister for Social Protection,

(b) the Private Residential Tenancies Board established under section 150 of the Residential Tenancies Act 2004, or

“specified enactment” means—

(a) in relation to the Minister for Social Protection, the Social Welfare Acts,

(b) in relation to the Private Residential Tenancies Board, the Residential Tenancies Acts 2004 and 2009 ;

(i) the Tax Acts,

(ii) the Capital Gains Tax Acts,

(iii) the Value-Added Tax Acts,

(iv) the F3[Stamp Duties Consolidation Act 1999,]

(v) the F3[Capital Acquisitions Tax Consolidation Act 2003, or]

F4[(vi) the Finance (Local Property Tax) Act 2012;]

“tax reference number” means—

(a) in relation to an individual, that individual’s personal public service number (within the meaning of section 262 of the Act of 2005), or

(b) in relation to a body corporate—

(i) the reference number stated on any return of income form or notice of assessment issued to that person by an officer of the Revenue Commissioners, or

(ii) the registration number of the body corporate for the purposes of the Value-Added Tax Acts.

56.. Amendment of section 31 (rent schemes and charges) of Act of 2009

56. Section 31 of the Act of 2009 is amended—

(a) by inserting the following after subsection (2):

“(2A) Where payments are made in respect of rent, arrears of rent, or rescheduling arrangements are entered into, by or on behalf of one or more members of the tenant’s household, then such payments or arrangements shall not of themselves create a tenancy arrangement between the housing authority and the members concerned and, accordingly, other than in respect of the tenant, no tenancy rights shall arise or continue as a consequence of such payments or arrangements.”,

(b) by inserting the following after subsection (5):

“(5A) For the purposes of this section and sections 33 and 34, arrears of rent or other payments due to a housing authority under section 58(3) of the Principal Act shall be deemed to be arrears of rent or other charges referred to in subsection (3).”,

and

“(g) the waiving of rent and other charges, in whole or in part, on a temporary basis, in case of financial hardship;

(h) subject to subsection (6A), the manner in which a housing authority shall, having regard to—

(i) financial circumstances of households and their ability to pay rent,

(ii) the other provisions of regulations made under this subsection, and

(iii) any guidance issued in the matter under section 5,

determine rent and charges under this section during a transitional period that will expire on a date prescribed by the Minister, which date shall not be later than 2 years after the date subsection (3) comes into operation.”,

and

(d) by inserting the following after subsection (6):

“(6A) The Minister may, having regard to the composition, financial circumstances and ability to pay rent of a qualified household in receipt of housing assistance under Part 4 of the Housing (Miscellaneous Provisions) Act 2014, prescribe the rent contribution that will be payable to a housing authority by a tenant who is a member of that household during the transitional period referred to in paragraph (h) of subsection (6).”

57.. Amendment of Local Government Reform Act 2014

57.Schedule 4 to the Local Government Reform Act 2014 is amended in paragraph 14(4) by substituting “30 June 2015” for “31 December 2014”.

58.. Amendment of Housing Finance Agency Act 1981

58.The Housing Finance Agency Act 1981 is amended—

(a) in section 4(2)(c) by inserting the following subparagraph after subparagraph (ii):

“(iii) to the Local Government Management Agency, to be used by it for the purpose of the performance of its functions,”,

and

(b) in section 5 by inserting the following paragraph after paragraph (c):

“(ca) the Local Government Management Agency, to be used by it for the purpose of the performance of its functions,”.

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