Mairéad Farrell (Galway West, Sinn Fein)
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536. To ask the Minister for Housing, Planning, and Local Government in relation to people with a disability who receive the HAP service, the rationale for setting the allowance at 20% below the poverty rate, with a further deduction taken as a fair pay your way contribution to the housing system; and whether the Minister has any plans to change the 20% rate." [7719/25]

James Browne (Wexford, 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.

Each local authority has statutory discretion to agree to a HAP payment up to 35% above the prescribed maximum rent limit to secure appropriate accommodation for a household that requires it, or up to 50% in the case of homeless households in the Dublin region. 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 additional discretion applied in each case.

Tenants in the Housing Assistance Payment (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. 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.

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; and that provision should be included for the acceptance of a lower rent than that required under the terms of the scheme in exceptional cases where payment of the normal rent would give rise to hardship.

Local discretion and flexibility are inherent in the devolved function of administering rent schemes. Decisions regarding the increase or decrease in the rent charged to tenants of local authorities are matters for individual local authorities in accordance with the relevant differential rent scheme.

Local authorities have a responsibility to ensure that tenancies are sustainable and are advised not to provide HAP support to tenancies where the household would not be in a position to meet the rental costs sought. The administration of the HAP scheme is a matter for the relevant local authority and it is the responsibility of the local authority to make a decision in each individual case.

The Disability Allowance is a matter for my colleague the Minister for Social Protection.