Social Housing

Eligibility

Local authorities are the principal providers of social housing.  They are housing authorities under the housing legislation.  Local authority housing is allocated in accordance with eligibility.  Local authority rents are based on income.   In addition, housing associations and housing cooperative provide social housing for letting.

There are now national social housing regulations 2011 which prescribe the mechanism for dealing with social housing assessments by all housing authorities. An application must be made to a single authority only.  Generally, the applicant must reside in that authority area or have a connection with it.  The local authority may waive this requirement. An applicant would be eligible only if his income is below the threshold in that area.

The unsustainability of an applicant’s current mortgage may be considered relevant.  In order to qualify, the applicant must be eligible for social housing and  in need of social housing.

Assessment

The housing authority assesses eligibility.  It will assess social housing need after assessment of eligibility. In the case of foreign nationals, they must have the right to stay in the State on a long-term basis.  The matter is governed by a circular.

Applicants must be within a certain income limit.  They are published by the Department of the Environment and Local Government.  There a number of different thresholds in different local authority areas.  Departmental guidelines determine the assessment of income.

If a household’s mortgage has been classified as unsustainable under the Mortgage Arrears Resolution Process, then this may be deemed need for the purpose of the assessment of social housing needs.

Alternative Accommodation

In assessing need, the housing authority considers the current position.  It considers whether the housing is fit for habitation, overcrowded, is fit for emergency institutional nature, whether it is shared, or whether the requirement for separate accommodation is reasonable.  It will consider whether the housing is unsuitable in any other material respect having regard to circumstances, including medical, personal and compassionate grounds.

A person may be deemed to have alternative accommodation if a member of a household has  property in which  he  could reasonably be expected to be lived in.  This includes rented out property.

A property is not regarded as alternative accommodation if it is

• occupied by a person from whom a person is divorced or legally separated.
• over-crowded, unfit for human habitation or does not adequately meet the accommodation requirements of a member of the household who has disability.

Waiting List & Allocation

A person who is accepted as eligible for social housing and in need of housing is placed on a waiting list.  This is the record of qualified households.  The housing authority will notify other housing authorities  whose functional area the applicant has specified as an area of choice.

The applicant may specify up to three areas in which he would choose to live.  At least one of them must be in an area of the housing authority and the others may be in that functional area or within the same county.  If the person does not have a connection with the housing authority’s functional area but is accepted, he  may pick areas of choice within that functional area.

Housing authorities draw their own rules for deciding priority.  This is the scheme of priorities letting. commonly referred to as a point system.  It is published by the authority.  It ranks households on the list in accordance with circumstances.

Applicants are entitled to request local authority for their status on the list.  Their status on the list may change in accordance with circumstances of other persons and the applicants themselves.  Most list  prioritize families and older persons.

As residential accommodation becomes available, they are allotted in order of priority taking account of the circumstances of the accommodation and the applicant.

Letting

When the local authority offers accommodation, it assesses eligibility and needs, reaffirms whether the application is valid, and considers the connection with the area of choice. An applicant who is offered a house in an area he does not want may refuse it. However, if the local authority deems the refusal unreasonable, it may reduce his priority on the list.

If a member was previously on the list, he will not be allocated housing if he has damaged local authority housing  without repairing or  paying for repairs, breached terms of agreement or built up more than 12 weeks’ arrears without a payment or arranging for payments. Exceptionally local authorities may consider providing social supports to persons in these circumstances.

Local authority housing is let unfurnished. Rents are based on income.  The income of householders is considered.  Deductions are allowed for the number of persons in the household.

Each local authority has its own scheme.  It  has a maximum and minimum rent which may change. There is an obligation to disclose changes in household income. If there is a case of hardship, the local authority may reduce the rent.

Rental Accommodation Scheme

A person who is receiving a rent supplement for a period of 18 months may apply where eligible under the rental accommodation scheme. The property must meet minimum standards of residential accommodation.

The local authority will enter a contractual arrangement with the accommodation provider to make the housing available under the scheme for an agreed term.  This is negotiable.  It may apply to any property, new or old.

Local authorities draw up contracts with landlords to provide scheme lettings for persons with long-term housing needs.  The local authority will pay rent directly to the landlord.  They may require a contribution to the rent which will be paid to the local authority.

The local authorities will seek a reduction in rent in return for landlord not having to collect rents fill vacancies,  for the strength of covenant and guaranteed payments.  No deposits are paid under the scheme.  Where damage is caused above normal wear and tear, the housing authority is e usually prepared to guarantee the equivalent of up to one month’s rent towards repair.

Scheme Terms

Landlords with eligible rent allowance tenants may be approached by the local authority or may seek to participate in the scheme themselves. The scheme involves relationships between the local authority and the landlord, the landlord and tenant and the tenant and local authority.  The local authority will enter a contractual arrangement with the accommodation provider to make the housing available under the scheme for an agreed term.  This is negotiable.  It may apply to any property new or old.

The local authority nominates the proposed tenant who signs a residential tenancy agreement with the landlord.  This may be an existing tenant who was receiving rent supplement.

There are model agreements under the scheme which may be subject to some variation.

The contracts maybe case by case for a particular property.  There may be long-term arrangements which may be linked with Planning and Development Act Part V arrangements between developers and the local authority.

There may be more open arrangements between landlords and authorities where local authorities  have a right to nominate certain persons for occupation where landlords have a number of units available.

Local authorities will agree to transfer jointly tenancies to single tenancies if there is evidence that the relationship is broken down.  If one partner only is living in the house, then they may consider the terms of the letting.

 

Social Welfare Deductions

Housing Amendment Act 2014 provides for a system of mandatory deductions by the Minister for Social Protection for social welfare payments of rent, rent contribution and arrears payable by local authority tenants or households who have rental accommodation arrangements, tenancy agreements or are benefiting from Housing Assistance.  The amount deducted is generally not to exceed 15% of the rate of benefit or assistance payable except where the recipient otherwise agrees.

There is provision for notification by the Minister for Social Protection of Housing Authorities where it is not possible to deduct the full amount.  The Minister for Social Protection is obliged to keep records relating to the deduction.

There is provision for data sharing between housing authorities and specified bodies for the purpose of performance of obligations under the Housing Act.  Information may also be shared with the Private Residential Tenancies Board, Revenue Commissioners, the Minister for Social Protection and other designated bodies.

Rental Accommodation Scheme

The 2009 Act Chapter 4  provides the legislative basis for the rental accommodation scheme.  Under the scheme, owners may make houses available to housing authorities for agreed periods for letting to qualified tenants nominated by the Authority in accordance with the Housing Authority’s allocation scheme.  The Housing Authority pays the rent, and the tenant pays an income-based contribution to the Housing Authority.

A qualified tenant is one who is qualified for social housing support under a rental accommodation availability agreement. The rental accommodation provider makes a dwelling available under the scheme for lettings to qualified persons.

The letting is subject to the Residential Tenancies Act 2004.  The tenants are not tenants of the Housing Authority but of the private landlord. The terms of the registered tenancy are provided for under the 2004 Act and the 2009 Act.

Chapter 4 tenancy under the 2009 act superimposes additional conditions in the case of a registered agreement.  Where the Housing Authority becomes aware of breaches of the terms of the tenancy agreement or of antisocial behaviour, it may notify the landlord and require him to serve notice of termination.

Means Assessment

The Household Means Policy issued under the Social Housing Assessment Regulations 2011 provide for the income that is assessable in relation to housing needs.  The assessment is made on the basis of net income.  This includes income from

• employment,
• overtime payments, commissions, bonuses, including regular overtime,
• self-employment,
• maintenance payments received,
• property income,
• capital investments income,
• pensions.

The following are disregarded,

• child benefit,
• exceptional needs payments
• educational grounds,
• foster care payments,
• fuel allowance,
• mobility allowance,
• living alone allowance
• rent or mortgage interest supplements
• FAS  scheme payments

Assisted Purchase

Persons who are on the  housing list may be eligible for other assisted purchase and subsidized housing including

•  shared ownership,
• low cost housing site,
• affordable housing scheme,
• local authority mortgage,
• housing association home.

The incremental purchase scheme is the subject of 2010 regulations.   It permits persons who qualify for social housing to buy designated houses from the local authority at a discount.