Seán Ó Fearghaíl (Kildare South, Fianna Fail)
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Question 112: To ask the Minister for the Environment, Community and Local Government the position regarding persons who have fled the family home being included on local authority waiting lists; if he is insisting that spouses or partners who have left the family home on foot of violence, abuse or intimidation must produce evidence to a local authority that they have commenced proceedings for a legal separation prior to being included on a housing waiting list; the regulations that apply in such circumstances; and if he will make a statement on the matter. [26490/11]

Willie Penrose (Longford-Westmeath, Labour)
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It is open to any person or household to apply to a housing authority for an assessment of their housing need. It is a matter solely for the housing authority concerned to determine whether an applicant for social housing support is eligible for and in need of that support. The authority must make its determination in accordance with the provisions of section 20 of the Housing (Miscellaneous Provisions) Act 2009, and regulations made under that section, primarily the Social Housing Assessment Regulations 2011, having regard to the particular circumstances of the case.

Regulation 22 of Social Housing Assessment Regulations 2011 provides that an applicant household for long-term social housing support is ineligible for social housing support if a household member owns alternative accommodation that it could reasonably be expected to use to meet its housing need, either by occupying it or by selling it and using the proceeds to secure suitable accommodation. For this reason, if either member of a separated couple applies, local authorities require evidence of legal separation or divorce before considering a household's eligibility for long-term social housing support, as the separation agreement will provide certainty regarding ownership of property.

In cases of domestic violence, there is a range of services available to deal with the immediate primary needs of a household both in terms of protection of the abused partner and any children, and any need for emergency accommodation. Applicants do not need to go on the general housing waiting lists to avail of short-term emergency housing in domestic violence situations.