Catherine Murphy (Kildare North, Independent)
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To ask the Minister for Environment, Community and Local Government if it was an intended consequence that some housing applicants had to remove themselves from a housing waiting list and reapply to another housing authority in order to qualify for rent assistance; if his attention has been drawn to the fact that the application may be refused because they cannot demonstrate a connection to the area; if his attention has been drawn to the fact that this can substantially delay the application process during which rent assistance is not paid; if his further attention has been drawn to the fact that the various schemes of letting priorities weight length of time on the waiting list favourably and new applicants must start again; if he is considering any amendment to legislation or guidance to local authorities; and if he will make a statement on the matter. [42686/12]

Jan O'Sullivan (Limerick City, Labour)
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The operation of the rent supplement scheme is entirely a matter for my colleague the Minister for Social Protection.

Section 20 of the Housing (Miscellaneous Provisions) Act, 2009 dealing with social housing support, and the related Social Housing Assessment Regulations, 2011, were commenced on 1 April 2011. These provide a standard procedure for assessing applicants for social housing.

A household may apply to the housing authority for the functional area – where it normally resides – this would include a household residing in rented accommodation, or where it has a local connection.

The Regulations require a housing authority, in determining if a household has a local connection, to have regard to whether a household member: -

- lived in the area for a continuous 5 year period at any time in the past;

- is employed in the area or within 15 km of the area;

- is in full-time education, or attending specialist medical care in the area;

- has a relative (defined in the Regulations) living in the area for 2 years or longer.

A household meeting either the residence or local connection criterion may specify up to three areas of choice in any housing authority in the county (including city) concerned. At least one of these choices must be in the functional area of the housing authority of application. Qualified households will appear on the waiting lists of each of the housing authorities in respect of which they have expressed areas of choice.

A housing authority may also decide at its discretion to consider an application for social housing support from a household that does not meet these residence or local connection criteria. In such a case, the household may express areas of choice within the functional area of that authority only.

Under Section 22 of the Housing (Miscellaneous Provisions) Act 2009 all housing authorities are required to make an allocation scheme (in place of a scheme of letting priorities). The making and amendment of such an allocation scheme for social housing is a reserved function of the elected members of each housing authority. The Social Housing Allocation Regulations 2011, which commenced on 1 May 2011, set out the conditions that housing authorities must take into account when making their allocation schemes. Guidance on the making of allocation schemes and the terms of the legislation has issued both from my Department and the Housing Agency. This guidance is updated regularly and is available on the Housing Agency’s website ().