Michelle Mulherin (Mayo, Fine Gael)
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Question 279: To ask the Minister for the Environment, Community and Local Government the circumstances in which married persons who are separated and living apart who have a family home in joint names are entitled to be placed on the housing list of a local housing authority; if it is a prerequisite that a formal divorce or legal separation has taken place between both parties before one of them is entitled to be placed on the housing list. [32029/11]

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.