Homelessness Action

HOUSING ACT 1988

2. Homeless persons for the purposes of this Act.

A person shall be regarded by a housing authority as being homeless for the purposes of this Act if—
(a) there is no accommodation available which, in the opinion of the authority, he, together with any other person who normally resides with him or who might reasonably be expected to reside with him, can reasonably occupy or remain in occupation of, or

(b) he is living in a hospital, county home, night shelter or other such institution, and is so living because he has no accommodation of the kind referred to in paragraph (a),

and he is, in the opinion of the authority, unable to provide accommodation from his own resources.

10. Additional provisions regarding accommodation for homeless persons.

(1) A housing authority may, subject to such regulations as may be made by the Minister under this section—
(a) make arrangements, including financial arrangements, with a body approved of by the Minister for the purposes of section 5 for the provisions by that body of accommodation for a homeless person,

(b) provide a homeless person with such assistance, including financial assistance, as the authority consider appropriate,
or

(c) rent accommodation, arrange lodgings or contribute to the cost of such accommodation or lodgings for a homeless person.
(2) A request for accommodation may be made to a housing authority by or on behalf of a homeless person.

(3) Where accommodations or lodgings are made available to a person by virtue of subsection (1), the housing authority may at any time specify a period for which the accommodation or lodgings are to be so made available to that person.

(4) The Minister may, with the consent of the Minister for Finance and subject to such regulations as may be made by the Minister under this section, recoup, out of moneys provided by the Oireachtas, all or part of any payment made by a housing authority by virtue of subsection (1).

(5) Where accommodation or lodgings are made available to a person by virtue of subsection (1), the housing authority may require that person to pay to them such charge as they see fit, having regard to the means of the person, the cost to the authority of such accommodation or lodgings and such other matters as the authority consider appropriate.

(6) A charge due to a housing authority under subsection (5) shall be recoverable by them as a simple contract debt in any court of competent jurisdiction.

(7) A charge under subsection (5) shall not be subject to the terms of any rent scheme in relation to houses let by the housing authority.

(8) Where accommodation or lodgings are made available to a person by virtue of subsection (1) and—
(a) the circumstances of that person change to the extent that, in the opinion of the housing authority—
(i) if the accommodation or lodgings being made so available were no longer available, the person would not be homeless, or

(ii) the person is now able to provide accommodation from his own resources, or

(b) that person has failed to pay a charge under subsection (5),

the authority may cease to have such accommodation or lodgings made so available and may require the person to vacate the accommodation or lodgings.

(9) Where accommodation or lodgings are made available or assistance is provided to a person by virtue of subsection (1), such person shall not be precluded for that reason from being included in an assessment under section 9 or being accepted for inclusion in the next such assessment.

(10) A housing authority may, while making enquiries to enable them to determine if a person is homeless, exercise the powers provided for in subsection (1).

(11) Regulations under this section may, in particular, but without prejudice to the generality of subsections (1) and (4), make provisions in relation to all or any one or more of the following:
(a) the manner in which housing authorities exercise their powers under this section;

(b) the amount and conditions of recoupments under subsection (4);

(d) the furnishing of information to a housing authority in relation to a request for accommodation or assistance from the authority;

(e) such other incidental, consequential or supplementary provisions as may appear to the Minister to be necessary or expedient.

Housing (Miscellaneous Provisions) Act 2009

Chapter 6

Homelessness Action Plans

Section 36

Interpretation (Chapter 6).

36.— In this Chapter—

“management group” has the meaning given to it by section 39;

“responsible housing authority” has the meaning given to it by section 38;

“specified body” means—

(a) an Foras Áiseanna Saothair,

(b) the Irish Prison Service, where there is a prison located in—

(i) the administrative area of the housing authority, or

(ii) in the case of a joint homelessness consultative forum, the administrative area of any housing authority concerned,

(d) F46[an education and training board] whose functional area corresponds to—

(i) the administrative area of the housing authority, or

(ii) in the case of a joint homelessness consultative forum, the administrative area of any housing authority concerned,

and

(e) such other body as may be prescribed for the purposes of this Chapter.

Annotations

Amendments:

F46
Substituted (1.07.2013) by Education and Training Boards Act 2013 (11/2013), s. 72 and sch. 6 item 54, S.I. No. 211 of 2013.

Section 37

Homelessness action plan.

37.— (1) A housing authority shall, in respect of its administrative area, not later than 8 months after the coming into operation of this Chapter, adopt a plan (in this Act referred to as a “homelessness action plan”) to address homelessness.

(2) A homelessness action plan shall specify the measures proposed to be undertaken to address homelessness in the administrative area or administrative areas concerned by the housing authority or housing authorities, as the case may be, the Health Service Executive, specified bodies, or approved bodies or other bodies providing services to address homelessness or the performance of whose functions may affect or relate to the provision of such services, including but not necessarily limited to measures to achieve the following objectives—

(a) the prevention of homelessness,

(b) the reduction of homelessness in its extent or duration,

(d) the provision of assistance under section 10 (b) (i), as necessary, to persons who were formerly homeless, and

(e) the promotion of effective co-ordination of activities proposed to be undertaken by the bodies referred to in this subsection for the purposes of addressing homelessness in the administrative area or areas concerned.

(3) A homelessness action plan shall be in writing and shall take account of—

(a) any available information regarding the extent of the need for services to address homelessness, including, in the case of housing supports, any summary of social housing assessments prepared under section 21 in respect of homeless households,

(b) the costs of the proposed measures referred to in subsection (2) and the financial resources that are available or are likely to be available for the period of the homelessness action plan to the housing authority or housing authorities concerned, the Health Service Executive or any specified body, as the case may be, for the purposes of undertaking those measures and the need to ensure the most beneficial, effective and efficient use of such resources,

(c) such policies and objectives for the time being of the Government or the Minister in so far as they may affect or relate to the provision of services to homeless persons, and

(d) such other matters as the Minister may specify in a direction given to the housing authority under subsection (4), including (except in the case of the first homelessness action plan) a review of progress made in the implementation of the homelessness action plan during the period of the previous plan.

(4) (a) The Minister may, from time to time, give directions in writing to a housing authority for the purpose of either or both of the following—

(i) providing guidance as to the form and content of a homelessness action plan, and

(ii) specifying the period for which such a plan is to remain in force, which period shall not in any case be less than 3 years.

(b) The housing authority shall comply with any directions given under paragraph (a).

Section 38

Homelessness consultative forum.

38.— (1) Subject to subsections (3) and (4), as soon as practicable after the coming into operation of this Chapter and having regard to section 37 (1), a housing authority shall establish a body to be known as the homelessness consultative forum and shall appoint its members.

(2) The functions of a homelessness consultative forum are to provide information, views, advice or reports, as appropriate, to the management group in relation to—

(a) homelessness and the operation and implementation of the homelessness action plan in the administrative area concerned,

(b) the provisions of the draft homelessness action plan, and

(3) Where either or both of the conditions specified in subsection (4) (a) are met or where the Minister so directs pursuant to subsection (4) (b), a housing authority shall enter into an arrangement with any other housing authority whose administrative area adjoins the administrative area of the housing authority concerned or with any other housing authority, as appropriate, to establish a joint homelessness consultative forum which shall perform the functions specified in subsection (2) in relation to the administrative areas of the housing authorities which are parties to the arrangement.

(4) (a) The conditions referred to in subsection (3) are that the housing authority considers that—

(i) a joint homelessness consultative forum would further the objectives of a homelessness action plan because of the extent or nature of homelessness in its administrative area, or

(ii) a joint homelessness consultative forum and the sharing of administrative services relating thereto would ensure the most beneficial, effective and efficient use of resources.

(b) The Minister may, where he or she considers it appropriate, direct housing authorities to enter into an arrangement pursuant to subsection (3) and the housing authorities shall comply with any such direction.

(5) In the case of an arrangement pursuant to subsection (3) for the establishment of a joint homelessness consultative forum, the housing authorities concerned shall, by agreement in writing, appoint one housing authority (in this Chapter referred to as the “responsible housing authority”) for the purposes of the performance, on behalf of the housing authorities concerned, of their functions under this Chapter.

(6) A housing authority or, in the case of a joint homelessness consultative forum, the responsible housing authority, in accordance with such directions as the Minister may give under section 41, shall appoint a chairperson of the homelessness consultative forum or joint homelessness consultative forum, as the case may be, from the membership thereof.

(7) The chairperson appointed under subsection (6) shall also be the chairperson of the management group.

(8) The membership of the homelessness consultative forum shall comprise the following persons:

(a) one or more than one employee of the housing authority or, in the case of a joint homelessness consultative forum, one or more than one employee of each of the housing authorities concerned nominated by the housing authority or housing authorities concerned, as the case may be;

(b) one or more than one employee of the Health Service Executive nominated by the Health Service Executive;

(c) subject to such directions as the Minister may give under section 41 (1) (a), persons nominated by specified bodies, and

(d) subject to subsection (9), persons nominated by—

(i) approved bodies, and

(ii) any other bodies,

providing services to homeless persons in the administrative area or, in the case of a joint homelessness consultative forum, administrative areas concerned or the performance of whose functions may affect or relate to the provision of such services, as the housing authority or responsible authority, as the case may be, consider appropriate in accordance with such directions as the Minister may give under section 41.

(9) The number of persons referred to in subsection (8) (d) shall not exceed one half of the membership of the homelessness consultative forum or joint homelessness consultative forum, as the case may be.

(10) A homelessness consultative forum or joint homelessness consultative forum, as the case may be, shall regulate, by standing orders or otherwise, the meetings and proceedings of the forum.

(11) The housing authority or, in the case of a joint homelessness consultative forum, the housing authorities concerned, may provide such services and support relating to the operation of the homelessness consultative forum or joint homelessness consultative forum, as the case may be, as is considered necessary by the housing authority or housing authorities, in accordance with such directions as the Minister may give under section 41.

(12) The proceedings of a homelessness consultative forum or joint homelessness consultative forum, as the case may be, shall not be invalidated by any vacancies among the membership.

Section 39

Management group.

39.— (1) The housing authority or responsible housing authority, as the case may be, shall appoint a group (in this Chapter referred to as a “ management group ”) consisting of certain members of the homelessness consultative forum or joint homelessness consultative forum, as the case may be, being such person or persons referred to in section 38 (8) (a), (b) and (c) as the housing authority or responsible authority, as the case may be, considers appropriate in accordance with such directions as the Minister may give under section 41.

(2) The management group may regulate, by standing orders or otherwise, its meetings and proceedings.

(3) The housing authority or responsible housing authority, as the case may be, may provide such services and support relating to the operation of the management group, as such housing authority considers appropriate, in accordance with such directions as the Minister may give under section 41.

(4) The management group—

(a) shall perform the functions conferred on it by this Chapter in relation to the preparation and modification of the draft homelessness action plan and the review of the homelessness action plan, and

(b) may make recommendations to the housing authority or, in the case of a joint homelessness consultative forum, the housing authorities concerned, to the Health Service Executive or to any specified body, in relation to all or any of the following:

(i) services required to address homelessness in the administrative area or administrative areas concerned;

(ii) funding for such services taking into account the financial resources that are available or are likely to be available;

(iii) the operation of the homelessness action plan having regard to any information, views, advice or reports provided by the homelessness consultative forum or joint homelessness consultative forum, as the case may be.

(5) The proceedings of a management group shall not be invalidated by any vacancies among the membership.

Section 40

Preparation of draft plan and making of plan.

40.— (1) The F47[chief executive] of a housing authority or of a responsible housing authority, as the case may be, not later than 6 weeks after the coming into operation of this Chapter, shall send a request, in writing, to the chairperson of the management group to arrange for the preparation of a draft homelessness action plan in respect of the administrative area concerned or, in the case of a joint homelessness consultative forum, the administrative areas concerned.

(2) For the purposes of preparing a draft homelessness action plan under this section and before submission of the draft homelessness action plan pursuant to subsection (3), the management group—

(a) F47[shall consult the other members of the homelessness consultative forum or joint homelessness consultative forum, as the case may be, and]

and

(b) may consult any housing authority whose administrative area adjoins the administrative area of the housing authority concerned or, in the case of a joint homelessness consultative forum, the administrative areas of the housing authorities concerned.

(3) Not later than 10 weeks from the date on which the request referred to in subsection (1) is sent, the management group shall approve and submit the draft homelessness action plan to the housing authority or, in the case of a joint homelessness consultative forum, each of the housing authorities concerned for adoption.

(4) Subject to subsections (5) to (8), the housing authority, or, in the case of a joint homelessness consultative forum, each of the housing authorities concerned, shall adopt the homelessness action plan within 6 weeks of receipt of the draft homelessness action plan, with or without modification.

(5) Where any part of a draft homelessness action plan relates to the functions of the Health Service Executive or of a specified body, the housing authority, or responsible housing authority, as the case may be, shall send a request in writing to the chairperson of the management group to seek its approval to any proposed modification pursuant to subsection (4) in respect of such part of the draft plan.

(6) The management group, not later than 3 weeks from the date on which the request referred to in subsection (5) is sent, following consultation with the other members of the homelessness consultative forum, or joint homelessness consultative forum, as the case may be, shall—

(a) accept or reject the proposed modification referred to in subsection (5), and

(b) notify, in writing, the housing authority or responsible housing authority, as the case may be, of the decision and the reasons for that decision.

(7) The housing authority or, in the case of a joint homelessness consultative forum, each of the housing authorities concerned, shall adopt the homelessness action plan not later than 6 weeks from the date on which the notification under subsection (6) is sent, with the modification, in a case where it is accepted by the management group, or without the modification, in a case where it is rejected.

(8) Where the housing authority or, in the case of a joint homelessness consultative forum, any of the housing authorities concerned, fail to adopt the homelessness action plan in accordance with this section, the F47[chief executive] of each housing authority, as appropriate, shall, by order, as soon as practicable and in any event not later than the end of the period referred to in section 37 (1), adopt the draft homelessness action plan in accordance with subsection (4) or (7), as appropriate.

(9) The housing authority or responsible housing authority, as the case may be, shall—

(a) give a copy of the homelessness action plan to the Minister and each member of the homelessness consultative forum or joint homelessness consultative forum, as the case may be, as soon as practicable after it is adopted,

(b) make the homelessness action plan available for inspection on request by any person, without charge, at its offices and such other places as it considers appropriate, during normal office hours,

(c) on request by any person, provide a copy of the homelessness action plan at a price not exceeding the reasonable cost of reproduction, and

(d) publish and maintain a copy of the homelessness action plan on the Internet for the period of the plan.

(10) A housing authority or responsible housing authority, as the case may be, may, at any time, and shall, in any case, not less than 8 months before the end of the period of the homelessness action plan decide to arrange for—

(a) the review and, where appropriate, amendment of the homelessness action plan, or

(b) the preparation and adoption of a new homelessness action plan.

(11) Where a housing authority or responsible housing authority, as the case may be, makes a decision for the purposes of subsection (10), the manager of the housing authority or responsible housing authority, as the case may be, shall send a request in writing to the chairperson of the management group to arrange for the review of the homelessness action plan or the preparation of a new homelessness action plan and subsections (2) to (9) shall apply accordingly with any necessary modifications.

(12) Subject to subsection (8), the adoption or amendment of a homelessness action plan is a reserved function.

(13) (a) Notwithstanding section 37 (1), where, before the coming into operation of this Chapter, a housing authority has adopted a plan which meets the conditions specified in paragraph (b), then such a plan is deemed to be a homelessness action plan duly adopted by the housing authority for the purposes of this Chapter.

(b) The conditions referred to in paragraph (a) are that the plan—

(i) specifies the measures proposed to be undertaken to achieve the objectives of a homelessness action plan specified in section 37 (2), and

(ii) does not expire before the end of one year after the date of coming into operation of this Chapter.

Annotations

Amendments:

F47
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(3) and sch. 2 part 1.

Section 41

Ministerial directions.

41.— (1) The Minister may give directions to a housing authority or responsible housing authority, as the case may be, in relation to all or any of the following:

(a) the number of members and composition, including an appropriate gender balance, of a homelessness consultative forum or joint homelessness consultative forum, as the case may be;

(b) the number of members and composition of a management group;

(c) the period of appointment of the members of a homelessness consultative forum or joint homelessness consultative forum, as the case may be, and the management group;

(d) the terms and conditions of appointment (including terms and conditions relating to removal, resignation, the filling of casual vacancies and re-appointment) of the members of a homelessness consultative forum or joint homelessness consultative forum, as the case may be, and the management group;

(e) the appointment of the chairperson of a homelessness consultative forum or of the joint homelessness consultative forum, as the case may be;

(f) services and support relating to the operation of the homelessness consultative forum, joint homelessness consultative forum or management group, as the case may be.

(2) A housing authority or responsible housing authority, as the case may be, shall, in the performance of its functions under this Chapter, comply with any directions given by the Minister under subsection (1).

Section 42

Power of Minister to prescribe body as specified body.

42.— The Minister may prescribe any body which provides services to address homelessness or the performance of whose functions may affect or relate to the provision of such services to be a specified body and any body so prescribed shall be a specified body for the purposes of this Chapter.