Pa Daly (Kerry, Sinn Fein)
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88. To ask the Minister for Housing, Planning, and Local Government if he will consider developing operational guidelines on habitual residence, similar to those used by the Department of Employment Affairs and Social Protection (details supplied) and for these to be applied consistently by all local government authorities in deciding on access to housing lists, emergency accommodation and homeless services [29057/20]

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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Applications for social housing support are assessed by the relevant local authority, in accordance with the eligibility and need criteria set down in section 20 of the Housing (Miscellaneous Provisions) Act 2009 and the associated Social Housing Assessment Regulations 2011, as amended.

As social housing support is intended to address a household’s long-term housing need it is expected that any household applying for such support should have a long-term right to reside in the State. My Department is currently conducting a review in this area. As part of that review, my Department has considered the approach taken by the Department of Employment Affairs & Social Protection to habitual residence. The review has not been finalised yet.

In relation to homeless services, under the Housing Act 1988 it is a matter for each local authority to determine whether a person is regarded as homeless; section 2 of the Act sets out the requirements in this regard. When a household has been assessed as homeless, section 10 of the Housing Act 1988, provides that a local authority may provide accommodation and related services to that household.

Any household assessed as homeless may be placed into temporary emergency accommodation without the requirement to undergo a social housing assessment, allowing local authorities the flexibility that is essential to respond quickly and effectively to the various needs of cases that may arise.