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.

Under Section 20 of the 2009 Act and Regulation 22(1) of the Social Housing Assessment Regulations 2011, a household shall be ineligible for social housing support if it has alternative accommodation that the household could reasonably be expected to use to meet its housing need, either by occupying it or by selling the accommodation and using the proceeds to secure suitable accommodation suitable for the household’s adequate housing. However, Regulation 22(2) of the 2011 Regulations provides that this ineligibility does not apply where an applicant for social housing support owns accommodation that is occupied by his or her spouse, from whom he or she is formally separated or divorced.

Local authorities may provide households with social housing support under the Rental Accommodation Scheme or the Housing Assistance Payment scheme until ownership of the family home is resolved in a formal separation or divorce settlement.

Section 63(3) of the Local Government Act 2001 provides that, subject to law, a local authority is independent in the performance of its functions. It would not be appropriate for me to comment on an individual case.