Darragh O'Brien (Dublin Fingal, Fianna Fail)
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The Housing Assistance Payment (HAP) Scheme is deemed to be a social housing support under the Housing (Miscellaneous Provisions) Act 2014. As a long term housing support, an assessment of housing need must be completed in order for a household to qualify for HAP. Any household with an identified housing need is eligible for HAP.

HAP support is available to tenants in rent a room scheme arrangements; however, the rental of a room to a civil partner, son or daughter is excluded from this scheme. HAP cannot be paid where the tenant is seeking to rent within the family home.

In order for housing assistance to be provided under the Act 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 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.

Ultimately, it is the responsibility of the housing authority to make a decision in each individual case.

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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The Housing Assistance Payment (HAP) scheme plays a vital role in housing eligible families and individuals. At the end of Q2 2023, over 112,900 HAP tenancies had been set-up since the scheme commenced, of which there were over 58,200 households actively in receipt of HAP support.

Since July 2022 each local authority has statutory discretion to agree to a HAP payment up to 35% above the prescribed maximum rent limit and for new tenancies to extend the couple’s rate to single persons households. Discretion can be increased up to 50% above the prescribed maximum rent limits for Homeless HAP tenancies in Dublin. It should be noted that it is a matter for the local authority to determine if the application of the discretion is warranted on a case by case basis and also the level of discretion applied in each case.

From available data, at the end of Q2 2023, 63.9% of the total number of households being supported by HAP were benefiting from the additional flexibility, at an average rate of discretion of 26.5% above the relevant limit. There were 1,741 active tenancies in Donegal County Council at end Q2 2023. Of these tenancies, approximately 30% were benefiting from additional flexibility at an average rate of 25.1% above the relevant limit.

My Department continues to keep the operation of the HAP scheme under review and closely monitors the level of discretion being used by local authorities, taking into account other sources of data, including Residential Tenancies Board rent data published on a quarterly basis.