Clare Daly (Dublin Fingal, Independent)
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1344. To ask the Minister for Housing, Planning, and Local Government the reason a participant on the rental accommodation scheme, RAS, cannot transfer onto the HAP scheme. [46609/17]

Eoghan Murphy (Dublin Bay South, Fine Gael)
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Under Part 4 of the Housing (Miscellaneous Provisions) Act 2014, which provides for the Housing Assistance Payment (HAP) scheme, a household in receipt of another form of social housing support, such as accommodation provided under the Rental Accommodation Scheme (RAS), will not generally be eligible for HAP.

A key principle of the HAP scheme is that eligible households source their own accommodation in the private rented sector, which best suits their needs in their area of choice. This is distinct from RAS, which is a different type of social housing support where the tenant may not always find their own accommodation and instead are allocated a dwelling in accordance with Section 22 of the Housing (Miscellaneous Provisions) Act 2009. Unlike HAP, where a RAS tenancy is ending, the local authority retains the responsibility to source further accommodation for that household.

Section 45 (5) of the Housing (Miscellaneous Provisions) Act 2014 does allow for the provision of HAP where a household is currently residing in another form of social housing support, except in emergency circumstances. The Department has legal advice to the effect that the ending of a RAS tenancy does not fall within the meaning of an emergency as prescribed by that section of the legislation. 

In order to provide greater equity of options between social housing tenants, and in light of the current private rental market, my Department is currently exploring how greater flexibility of movement between allocated social housing supports and HAP could be facilitated; this may require legislative change.

My Department continues to keep the operation of the HAP scheme under review. In general, I am satisfied with the operation of HAP and I consider it to be a key vehicle for meeting housing need and fulfilling the ambitious programme outlined under the Rebuilding Ireland Action Plan for Housing and Homelessness.