Derek Nolan (Galway West, Labour)
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Question 148: To ask the Minister for the Environment, Community and Local Government if his attention has been drawn to the fact that the new housing regulations which came into force this year preclude those with stamp 4 immigration status from joining housing lists and that this in turn means they cannot claim rent allowance in view of the fact that to do so persons must be registered on a housing list; and if he will make a statement on the matter. [12008/11]

Willie Penrose (Longford-Westmeath, Labour)
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To be eligible for social housing support, a person must have a long-term right to reside in the State, decisions on which are a matter within the responsibility of the Minister for Justice and Equality. My Department has given guidance to authorities on how to assess whether an applicant for housing support has such a long-term right to reside in the State. The latest guidance to local authorities in respect of access to social housing supports for non-Irish nationals, including non-EEA nationals, is set out in my Department's Circular letter SHIP 2010/19 of 24 September 2010. This guidance was restated in documents issued to housing authorities at the time of commencement of the recent Regulations putting in place a new system of social housing assessment from 1 April 2011, but the advice is not part of the Regulations nor is it affected by them.

Generally speaking, a non-EEA national with a Stamp 4 endorsement for at least 5 years is eligible on residence grounds to be considered for social housing support.

Eligibility for rent allowance is determined by the Department of Social Protection and is subject to that Department's separate rules on "habitual residence".