Darragh O'Brien (Dublin Fingal, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

Consistent with the provisions in the Housing (Miscellaneous Provisions) Act 2014, the Housing Assistance Payment (HAP) scheme is considered to be a social housing support and consequently households in receipt of a payment under the scheme are not eligible to remain on the main housing waiting list. Ministerial directions have issued to ensure that, should they so choose, HAP recipients can avail of a move to other forms of social housing support through a transfer list. Section 20(10) of the Housing (Miscellaneous Provisions) Act 2009 (as amended by section 49 of the Housing (Miscellaneous Provisions) Act 2014) states: A housing authority shall not be required to carry out a social housing assessment in respect of a household in receipt of social housing support that is seeking to transfer to, or to avail of, another form of social housing support.

Tenants in the HAP scheme are required to sign a rent contribution agreement to pay a weekly rental contribution to the relevant local authority, in line with the local authority’s differential rent scheme. The right of local authorities to set and collect rents on their dwellings is set out in section 58 of the Housing Act 1966. The making or amending of such schemes is an executive function and is subject to broad principles laid down by my Department including that the rent payable should be related to income and a smaller proportion of income should be required from low income households.

As set out in the rent contribution agreement, this weekly rental contribution must be paid by them so that they remain eligible for the HAP scheme. Where a person has a change of circumstances, such as a loss or increase of income or the receipt of inheritance, they should notify the relevant local authority. The local authority can reassess those tenants and adjust their differential rent accordingly in line with the differential rent scheme that it has in place.