Patricia Ryan (Kildare South, Sinn Fein)
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231. To ask the Minister for Housing, Planning, and Local Government the extent to which a person can receive housing assistance payment while renting a property from a relative; and if he will make a statement on the matter. [6565/23]

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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The Housing Assistance Payment (HAP) is a form of social housing support available for people who have a long-term housing need. Any household assessed as eligible for social housing is immediately eligible for HAP. Eligible households can source their own accommodation in the private rental sector which should be within the HAP rent limits provided to them by the local authority.

In order for housing assistance to be provided under the Housing (Miscellaneous Provisions) Act 2014 the housing authority must be satisfied that the tenancy concerned is or would be a tenancy in good faith.Where there is a family relationship between the tenant and the landlord, the housing authority may seek evidence of a previous landlord and tenant relationship between a landlord and the HAP applicant. This evidence may include:

- Proof of rent payments;

- A lease or tenancy agreement for the property; and

- Registration of the tenancy with the Residential Tenancies Board.

In order for a housing authority to be satisfied that a tenancy is or would be in good faith; the onus is on the applicant and landlord to prove that what is being proposed is a bona fide tenancy.

The day-to-day operation of the social housing system is a matter for the relevant local authority. Ultimately, it is the responsibility of the local authority to make a decision in each individual case.