HAP Payments
HOUSING (MISCELLANEOUS PROVISIONS) ACT 2014
REVISED
Updated to 11 July 2022
An Act to make further provision in relation to housing provided by housing authorities and for that purpose to amend and extend the Housing Acts 1966 to 2014, to provide for financial assistance by housing authorities in respect of rent payable by certain housing tenants, to provide for the direct remission to a housing authority in respect of rent or rent-related obligations of certain social welfare payments and allowances payable to a person under the Social Welfare Acts and for that purpose to amend the law relating to such payments, to amend the Housing Finance Agency Act 1981, and to provide for connected matters. [28 th July, 2014]
Be it enacted by the Oireachtas as follows:
PART 1
Preliminary and General
Section 1
Short title, collective citation and construction
1. (1) This Act may be cited as the Housing (Miscellaneous Provisions) Act 2014.
(2) This Act and the Housing Acts 1966 to 2014 shall be read together as one and shall be included in the collective citation “ Housing Acts 1966 to 2014 ”.
Section 2
Commencement
2. This Act comes into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.
Annotations
Editorial Notes:
E1
Power pursuant to section exercised (1.01.2016) by Housing (Miscellaneous Provisions) Act 2014 (Commencement of Certain Provisions) (No. 2) Order 2015 (S.I. No. 482 of 2015).
2. The 1st day of January 2016 is appointed as the day on which Part 3 (in so far as not already commenced) of the Housing (Miscellaneous Provisions) Act 2014 (No. 21 of 2014) comes into operation.
E2
Power pursuant to section exercised (13.04.2015) by Housing (Miscellaneous Provisions) Act 2014 (Commencement of Certain Provisions) Order 2015 (S.I. No. 121 of 2015).
2. The 13th day of April 2015 is appointed as the day on which sections 6 to 19 of the Housing (Miscellaneous Provisions) Act 2014 (No. 21 of 2014) come into operation.
E3
Power pursuant to section exercised (15.09.2014) by Housing (Miscellaneous Provisions) Act 2014 (Commencement of Certain Provisions) Order 2014 (S.I. No. 404 of 2014).
2. The 15th day of September 2014 is appointed as the day on which the following provisions of the Housing (Miscellaneous Provisions) Act 2014 (No. 21 of 2014) come into operation:
(a) Part 1 (sections 1 to 5);
(b) in Part 3, paragraph (d) of section 34;
(c) in Part 4—
(i) section 35,
(ii) section 36, other than in so far as it relates to section 47 of that Act,
(iii) sections 37 to 40,
(iv) section 41, other than subsection (4),
(v) sections 42 and 43,
(vi) sections 45 and 46, and
(vii) sections 49 to 51;
(d) in Part 5—
(i) section 52,
(ii) section 54, other than subsection (1), and
(iii) sections 55 to 58.
Section 3
Definitions (generally)
3. In this Act—
“Act of 1992” means the Housing (Miscellaneous Provisions) Act 1992;
“Act of 1997” means the Housing (Miscellaneous Provisions) Act 1997;
“Act of 2009” means the Housing (Miscellaneous Provisions) Act 2009;
“approved body” means a body standing approved of for the purposes of section 6 of the Act of 1992;
“household” has the meaning assigned to it by section 2(1) of the Act of 2009
“prescribed” means prescribed by regulations made by the Minister;
“Principal Act” means the Housing Act 1966.
Section 4
Regulations
4. (1) Subject to subsection (2), the Minister may make regulations prescribing any matter referred to in this Act as prescribed or to be prescribed or to be the subject of regulations or for the purpose of enabling any of its provisions to have full effect.
(2) Regulations made under this Act—
(a) may contain such incidental, supplementary, consequential or transitional provisions as appear to the Minister to be necessary for the purposes of the regulations, and
(b) may be expressed to apply generally or—
(i) to specified housing authorities or areas, or
(ii) to housing authorities, areas, apartment complexes (within the meaning of section 50 of the Act of 2009), dwellings, tenancies, loans, mortgages, persons, households, works or any other matter of a specified class or classes, denoted by reference to such matters to which the provision or provisions of this Act under which the regulations are made relate, as the Minister considers appropriate, and different provisions of such regulations may be expressed to apply in relation to different housing authorities or areas or different classes of housing authorities, areas, apartment complexes (within the meaning of section 50 of the Act of 2009), dwellings, tenancies, loans, mortgages, persons, households, works or other matters.
(3) Every regulation under this Act shall be laid before each House of the Oireachtas as soon as may be after it has been made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done under the regulation.
Annotations
Editorial Notes:
E4
Power pursuant to section exercised (11.07.2022) by Housing Assistance Payment (Amendment) Regulations 2022 (S.I. No. 342 of 2022), in effect as per reg. 2.
E5
Power pursuant to section exercised (1.02.2022) by Housing (Sale of Local Authority Houses) (Amendment) Regulations 2021 (S.I. No. 776 of 2021), in effect as per reg. 1(2).
E6
Power pursuant to section exercised (1.03.2017) by Housing Assistance Payment (Amendment) Regulations 2017 (S.I. No. 56 of 2017), in effect as per reg. 2.
E7
Power pursuant to section exercised (27.02.2017) by Housing Assistance Payment (Section 50) Regulations 2017 (S.I. No. 55 of 2017).
E8
Power pursuant to section exercised (1.12.2016) by Housing Assistance Payment (Amendment) (No. 4) Regulations 2016 (S.I. No. 575 of 2016), in effect as per reg. 2.
E9
Power pursuant to section exercised (30.11.2016) by Housing Assistance Payment (Section 50) (No. 2) Regulations 2016 (S.I. No. 574 of 2016).
E10
Power pursuant to section exercised (6.07.2016) by Housing Assistance Payment (Amendment) (No. 3) Regulations 2016 (S.I. No. 354 of 2016).
E11
Power pursuant to section exercised (1.07.2016) by Housing Assistance Payment (Amendment) (No. 2) Regulations 2016 (S.I. No. 338 of 2016), in effect as per reg. 2.
E12
Power pursuant to section exercised (1.02.2016) by Housing Assistance Payment (Amendment) Regulations 2016 (S.I. No. 40 of 2016), in effect as per reg. 2.
E13
Power pursuant to section exercised (26.01.2016) by Housing Assistance Payment (Section 50) Regulations 2016 (S.I. No. 38 of 2016).
E14
Power pursuant to section exercised (1.01.2016) by Housing (Sale of Local Authority Houses) Regulations 2015 (S.I. No. 484 of 2015), in effect as per reg. 2.
E15
Power pursuant to section exercised (2.11.2015, 16.11.2015) by Housing Assistance Payment (Amendment) (No. 4) Regulations 2015 (S.I. No. 474 of 2015), in effect as per reg. 2.
E16
Power pursuant to section exercised (2.11.2015, 16.11.2015) by Housing Assistance Payment (Section 50) (No. 3) Regulations 2015 (S.I. No. 473 of 2015), in effect as per reg. 2.
E17
Power pursuant to section exercised (20.07.2015) by Housing Assistance Payment (Amendment) (No. 3) Regulations 2015 (S.I. No. 304 of 2015), in effect as per reg. 2.
E18
Power pursuant to section exercised (15.06.2015, 29.06.2015) by Housing Assistance Payment (Amendment) (No. 2) Regulations 2015 (S.I. No. 246 of 2015), in effect as per reg. 2.
E19
Power pursuant to section exercised (15.06.2015, 29.06.2015) by Housing Assistance Payment (Section 50) (No. 2) Regulations 2015 (S.I. No. 245 of 2015), in effect as per reg. 2.
E20
Power pursuant to section exercised (25.05.2015) by Housing Assistance Payment (Amendment) Regulations 2015 (S.I. No. 200 of 2015), in effect as per reg. 2.
E21
Power pursuant to section exercised (25.05.2015) by Housing Assistance Payment (Section 50) Regulations 2015 (S.I. No. 199 of 2015), in effect as per reg. 2.
E22
Power pursuant to section exercised (13.04.2015) by Housing (Local Authority Tenancy Warnings) Regulations 2015 (S.I. No. 122 of 2015), in effect as per reg. 2.
E23
Power pursuant to section exercised (18.12.2014) by Housing Assistance Payment (Amendment) (No. 2) Regulations 2014 (S.I. No. 576 of 2014), in effect as per reg. 2.
E24
Power pursuant to section exercised (15.09.2014) by Housing Assistance Payment Regulations 2014 (S.I. No. 407 of 2014), in effect as per reg. 2.
Section 5
Expenses of Minister
5. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.
Section 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.
Annotations
Modifications (not altering text):
C2
Application of Part restricted (19.08.2021) by Affordable Housing Act 2021 (25/2021), s. 34(1), S.I. No. 424 of 2021.
Housing assistance payment
34. (1) Notwithstanding the provisions of Part 4 of the Act of 2014 a household shall not be deemed to be qualified for housing assistance in respect of a cost rental dwelling, and for the avoidance of doubt—
(a) a housing authority shall not provide housing assistance in respect of a cost rental dwelling, and
(b) a landlord shall not receive the payment of housing assistance in respect of a cost rental dwelling,
unless at least one member of the household for which housing assistance is sought has been party to a current tenancy agreement in respect of that cost rental dwelling for a continuous period of more than 6 months.
…
Section 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.
Annotations
Modifications (not altering text):
C3
Application of Part restricted (19.08.2021) by Affordable Housing Act 2021 (25/2021), s. 34(1), S.I. No. 424 of 2021.
Housing assistance payment
34. (1) Notwithstanding the provisions of Part 4 of the Act of 2014 a household shall not be deemed to be qualified for housing assistance in respect of a cost rental dwelling, and for the avoidance of doubt—
(a) a housing authority shall not provide housing assistance in respect of a cost rental dwelling, and
(b) a landlord shall not receive the payment of housing assistance in respect of a cost rental dwelling,
unless at least one member of the household for which housing assistance is sought has been party to a current tenancy agreement in respect of that cost rental dwelling for a continuous period of more than 6 months.
…
Section 37
Housing assistance under Part 4 and social housing support under Act of 2009
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.
Annotations
Modifications (not altering text):
C4
Application of Part restricted (19.08.2021) by Affordable Housing Act 2021 (25/2021), s. 34(1), S.I. No. 424 of 2021.
Housing assistance payment
34. (1) Notwithstanding the provisions of Part 4 of the Act of 2014 a household shall not be deemed to be qualified for housing assistance in respect of a cost rental dwelling, and for the avoidance of doubt—
(a) a housing authority shall not provide housing assistance in respect of a cost rental dwelling, and
(b) a landlord shall not receive the payment of housing assistance in respect of a cost rental dwelling,
unless at least one member of the household for which housing assistance is sought has been party to a current tenancy agreement in respect of that cost rental dwelling for a continuous period of more than 6 months.
…
Section 38
Sharing of dwelling by more than one household
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.
Annotations
C5
Application of Part restricted (19.08.2021) by Affordable Housing Act 2021 (25/2021), s. 34(1), S.I. No. 424 of 2021.
Housing assistance payment
34. (1) Notwithstanding the provisions of Part 4 of the Act of 2014 a household shall not be deemed to be qualified for housing assistance in respect of a cost rental dwelling, and for the avoidance of doubt—
(a) a housing authority shall not provide housing assistance in respect of a cost rental dwelling, and
(b) a landlord shall not receive the payment of housing assistance in respect of a cost rental dwelling,
unless at least one member of the household for which housing assistance is sought has been party to a current tenancy agreement in respect of that cost rental dwelling for a continuous period of more than 6 months.
…
Editorial Notes:
E31
Power pursuant to section exercised (1.07.2016) by Housing Assistance Payment (Amendment) (No. 2) Regulations 2016 (S.I. No. 338 of 2016), in effect as per reg. 2.
E32
Power pursuant to section exercised (15.09.2014) by Housing Assistance Payment Regulations 2014 (S.I. No. 407 of 2014), in effect as per reg. 2.
Section 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 ,
(c) the landlord shall comply with the conditions set down in section 42 ,
(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).
Annotations
Modifications (not altering text):
C6
Application of section restricted (19.08.2021) by Affordable Housing Act 2021 (25/2021), s. 34(1), S.I. No. 424 of 2021.
Housing assistance payment
34. (1) Notwithstanding the provisions of Part 4 of the Act of 2014 a household shall not be deemed to be qualified for housing assistance in respect of a cost rental dwelling, and for the avoidance of doubt—
(a) a housing authority shall not provide housing assistance in respect of a cost rental dwelling, and
(b) a landlord shall not receive the payment of housing assistance in respect of a cost rental dwelling,
unless at least one member of the household for which housing assistance is sought has been party to a current tenancy agreement in respect of that cost rental dwelling for a continuous period of more than 6 months.
…
Section 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.
Annotations
Modifications (not altering text):
C7
Application of Part restricted (19.08.2021) by Affordable Housing Act 2021 (25/2021), s. 34(1), S.I. No. 424 of 2021.
Housing assistance payment
34. (1) Notwithstanding the provisions of Part 4 of the Act of 2014 a household shall not be deemed to be qualified for housing assistance in respect of a cost rental dwelling, and for the avoidance of doubt—
(a) a housing authority shall not provide housing assistance in respect of a cost rental dwelling, and
(b) a landlord shall not receive the payment of housing assistance in respect of a cost rental dwelling,
unless at least one member of the household for which housing assistance is sought has been party to a current tenancy agreement in respect of that cost rental dwelling for a continuous period of more than 6 months.
…
Section 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.
Annotations
Modifications (not altering text):
C8
Application of Part restricted (19.08.2021) by Affordable Housing Act 2021 (25/2021), s. 34(1), S.I. No. 424 of 2021.
Housing assistance payment
34. (1) Notwithstanding the provisions of Part 4 of the Act of 2014 a household shall not be deemed to be qualified for housing assistance in respect of a cost rental dwelling, and for the avoidance of doubt—
(a) a housing authority shall not provide housing assistance in respect of a cost rental dwelling, and
(b) a landlord shall not receive the payment of housing assistance in respect of a cost rental dwelling,
unless at least one member of the household for which housing assistance is sought has been party to a current tenancy agreement in respect of that cost rental dwelling for a continuous period of more than 6 months.
…
Editorial Notes:
E33
Power pursuant to section exercised (15.09.2014) by Housing Assistance Payment Regulations 2014 (S.I. No. 407 of 2014), in effect as per reg. 2.
Section 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.
Annotations
Modifications (not altering text):
C9
Application of Part restricted (19.08.2021) by Affordable Housing Act 2021 (25/2021), s. 34(1), S.I. No. 424 of 2021.
Housing assistance payment
34. (1) Notwithstanding the provisions of Part 4 of the Act of 2014 a household shall not be deemed to be qualified for housing assistance in respect of a cost rental dwelling, and for the avoidance of doubt—
(a) a housing authority shall not provide housing assistance in respect of a cost rental dwelling, and
(b) a landlord shall not receive the payment of housing assistance in respect of a cost rental dwelling,
unless at least one member of the household for which housing assistance is sought has been party to a current tenancy agreement in respect of that cost rental dwelling for a continuous period of more than 6 months.
…
Editorial Notes:
E34
Power pursuant to section exercised (1.07.2016) by Housing Assistance Payment (Amendment) (No. 2) Regulations 2016 (S.I. No. 338 of 2016), in effect as per reg. 2.
E35
Power pursuant to section exercised (15.09.2014) by Housing Assistance Payment Regulations 2014 (S.I. No. 407 of 2014), in effect as per reg. 2.
Section 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.
Annotations
C10
Application of Part restricted (19.08.2021) by Affordable Housing Act 2021 (25/2021), s. 34(1), S.I. No. 424 of 2021.
Housing assistance payment
34. (1) Notwithstanding the provisions of Part 4 of the Act of 2014 a household shall not be deemed to be qualified for housing assistance in respect of a cost rental dwelling, and for the avoidance of doubt—
(a) a housing authority shall not provide housing assistance in respect of a cost rental dwelling, and
(b) a landlord shall not receive the payment of housing assistance in respect of a cost rental dwelling,
unless at least one member of the household for which housing assistance is sought has been party to a current tenancy agreement in respect of that cost rental dwelling for a continuous period of more than 6 months.
…
Editorial Notes:
E36
Power pursuant to section exercised (11.07.2022) by Housing Assistance Payment (Amendment) Regulations 2022 (S.I. No. 342 of 2022), in effect as per reg. 2.
E37
Power pursuant to section exercised (1.03.2017) by Housing Assistance Payment (Amendment)Regulations 2017 (S.I. No. 56 of 2017), in effect as per reg. 2.
E38
Power pursuant to section exercised (1.12.2016) by Housing Assistance Payment (Amendment) (No. 4) Regulations 2016 (S.I. No. 575 of 2016), in effect as per reg. 2.
E39
Power pursuant to section exercised (6.07.2016) by Housing Assistance Payment (Amendment) (No. 3) Regulations 2016 (S.I. No. 354 of 2016).
E40
Power pursuant to section exercised (1.07.2016) by Housing Assistance Payment (Amendment) (No. 2) Regulations 2016 (S.I. No. 338 of 2016), in effect as per reg. 2.
E41
Power pursuant to section exercised (1.02.2016) by Housing Assistance Payment (Amendment) Regulations 2016 (S.I. No. 40 of 2016), in effect as per reg. 2.
E42
Power pursuant to section exercised (2.11.2015, 16.11.2015) by Housing Assistance Payment (Amendment) (No. 4) Regulations 2015 (S.I. No. 474 of 2015), in effect as per reg. 2.
E43
Power pursuant to section exercised (20.07.2015) by Housing Assistance Payment (Amendment) (No. 3) Regulations 2015 (S.I. No. 304 of 2015), in effect as per reg. 2.
E44
Power pursuant to section exercised (15.06.2015, 29.06.2015) by Housing Assistance Payment (Amendment) (No. 2) Regulations 2015 (S.I. No. 246 of 2015), in effect as per reg. 2.
E45
Power pursuant to section exercised (25.05.2015) by Housing Assistance Payment (Amendment) Regulations 2015 (S.I. No. 200 of 2015), in effect as per reg. 2.
E46
Power pursuant to section exercised (18.12.2014) by Housing Assistance Payment (Amendment)(No. 2) Regulations 2014 (S.I. No. 576 of 2014), in effect as per reg. 2.
E47
Power pursuant to subs. (2) exercised (1.10.2014) by Housing Assistance Payment (Amendment) Regulations 2014 (S.I. No. 428 of 2014), as per reg. 2.
E48
Power pursuant to section exercised (15.09.2014) by Housing Assistance Payment Regulations 2014 (S.I. No. 407 of 2014), in effect as per reg. 2.
Section 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.
Annotations
C11
Application of Part restricted (19.08.2021) by Affordable Housing Act 2021 (25/2021), s. 34(1), S.I. No. 424 of 2021.
Housing assistance payment
34. (1) Notwithstanding the provisions of Part 4 of the Act of 2014 a household shall not be deemed to be qualified for housing assistance in respect of a cost rental dwelling, and for the avoidance of doubt—
(a) a housing authority shall not provide housing assistance in respect of a cost rental dwelling, and
(b) a landlord shall not receive the payment of housing assistance in respect of a cost rental dwelling,
unless at least one member of the household for which housing assistance is sought has been party to a current tenancy agreement in respect of that cost rental dwelling for a continuous period of more than 6 months.
…
Section 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,
or
(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.
Annotations
Modifications (not altering text):
C12
Application of Part restricted (19.08.2021) by Affordable Housing Act 2021 (25/2021), s. 34(1), S.I. No. 424 of 2021.
Housing assistance payment
34. (1) Notwithstanding the provisions of Part 4 of the Act of 2014 a household shall not be deemed to be qualified for housing assistance in respect of a cost rental dwelling, and for the avoidance of doubt—
(a) a housing authority shall not provide housing assistance in respect of a cost rental dwelling, and
(b) a landlord shall not receive the payment of housing assistance in respect of a cost rental dwelling,
unless at least one member of the household for which housing assistance is sought has been party to a current tenancy agreement in respect of that cost rental dwelling for a continuous period of more than 6 months.
…
Editorial Notes:
E49
Power pursuant to section exercised (15.09.2014) by Housing Assistance Payment Regulations 2014 (S.I. No. 407 of 2014), in effect as per reg. 2.
Section 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
(c) the housing authority is satisfied that—
(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.
Annotations
Modifications (not altering text):
C13
Application of Part restricted (19.08.2021) by Affordable Housing Act 2021 (25/2021), s. 34(1), S.I. No. 424 of 2021.
Housing assistance payment
34. (1) Notwithstanding the provisions of Part 4 of the Act of 2014 a household shall not be deemed to be qualified for housing assistance in respect of a cost rental dwelling, and for the avoidance of doubt—
(a) a housing authority shall not provide housing assistance in respect of a cost rental dwelling, and
(b) a landlord shall not receive the payment of housing assistance in respect of a cost rental dwelling,
unless at least one member of the household for which housing assistance is sought has been party to a current tenancy agreement in respect of that cost rental dwelling for a continuous period of more than 6 months.
…
Editorial Notes:
E50
Power pursuant to section exercised (15.09.2014) by Housing Assistance Payment Regulations 2014 (S.I. No. 407 of 2014), in effect as per reg. 2.
Section 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;
(c) the maximum amount of housing assistance payable having regard to the composition of the household concerned;
(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.
Annotations
Modifications (not altering text):
C14
Application of Part restricted (19.08.2021) by Affordable Housing Act 2021 (25/2021), s. 34(1), S.I. No. 424 of 2021.
Housing assistance payment
34. (1) Notwithstanding the provisions of Part 4 of the Act of 2014 a household shall not be deemed to be qualified for housing assistance in respect of a cost rental dwelling, and for the avoidance of doubt—
(a) a housing authority shall not provide housing assistance in respect of a cost rental dwelling, and
(b) a landlord shall not receive the payment of housing assistance in respect of a cost rental dwelling,
unless at least one member of the household for which housing assistance is sought has been party to a current tenancy agreement in respect of that cost rental dwelling for a continuous period of more than 6 months.
…
Section 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
(c) annul the prescribed decision and, where appropriate, make an alternative decision,
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.
Annotations
Modifications (not altering text):
C15
Application of Part restricted (19.08.2021) by Affordable Housing Act 2021 (25/2021), s. 34(1), S.I. No. 424 of 2021.
Housing assistance payment
34. (1) Notwithstanding the provisions of Part 4 of the Act of 2014 a household shall not be deemed to be qualified for housing assistance in respect of a cost rental dwelling, and for the avoidance of doubt—
(a) a housing authority shall not provide housing assistance in respect of a cost rental dwelling, and
(b) a landlord shall not receive the payment of housing assistance in respect of a cost rental dwelling,
unless at least one member of the household for which housing assistance is sought has been party to a current tenancy agreement in respect of that cost rental dwelling for a continuous period of more than 6 months.
…
Section 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.”,
(c) in paragraph (f) of subsection (4) by substituting “an appropriate form” for “the most appropriate form”,
(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
(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.
(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 44 of the Housing (Miscellaneous Provisions) Act 2014 by a tenant who is a member of a qualified household within the meaning of section 35 of 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
(c) by inserting the following subsection after subsection (5):
“(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.”
Section 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.
Annotations
Editorial Notes:
E51
Power pursuant to section exercised (27.02.2017) by Housing Assistance Payment (Section 50) Regulations 2017 (S.I. No. 55 of 2017).
E52
Power pursuant to section exercised (27.02.2017) by Housing Assistance Payment (Section 50) Regulations 2017 (S.I. No. 55 of 2017).
E53
Power pursuant to section exercised (30.11.2016) by Housing Assistance Payment (Section 50) (No. 2) Regulations 2016 (S.I. No. 574 of 2016).
E54
Power pursuant to section exercised (26.01.2016) by Housing Assistance Payment (Section 50) Regulations 2016 (S.I. No. 38 of 2016).
E55
Power pursuant to section exercised (2.11.2015, 16.11.2015) by Housing Assistance Payment (Section 50) (No. 3) Regulations 2015 (S.I. No. 473 of 2015), in effect as per reg. 2.
E56
Power pursuant to section exercised (15.06.2015, 29.06.2015) by Housing Assistance Payment (Section 50) (No. 2) Regulations 2015 (S.I. No. 245 of 2015), in effect as per reg. 2.
E57
Power pursuant to section exercised (25.05.2015) by Housing Assistance Payment (Section 50) Regulations 2015 (S.I. No. 199 of 2015), in effect as per reg. 2.
E58
Power pursuant to section exercised (16.12.2014) by Housing Assistance Payment (Section 50) (No. 3) Regulations 2014 (S.I. No. 575 of 2014).
E59
Power pursuant to section exercised (29.09.2014) by Housing Assistance Payment (Section 50) (No. 2) Regulations 2014 (S.I. No. 427 of 2014).
E60
Power pursuant to section exercised (11.09.2014) by Housing Assistance Payment (Section 50) Regulations 2014 (S.I. No. 406 of 2014).
Section 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.