Housing (Miscellaneous Provisions) Act 2009

Chapter 3

Social Housing Support

19.

Provision of social housing support.

19.— (1) A housing authority may, in accordance with the Housing Acts 1966 to 2009 and regulations made thereunder, provide, facilitate or manage the provision of social housing support.

(2) Without prejudice to the generality of subsection (1) , social housing support may include all or any of the following:

( a) dwellings provided by a housing authority under the Housing Acts 1966 to 2009 or provided under Part V of the Planning and Development Act 2000, other than affordable housing;

( b) dwellings provided by an approved body;

F12 [ (bb) providing housing assistance under Part 4 of the Housing (Miscellaneous Provisions) Act 2014; ]

F13 [ (c) the sale of a dwelling under section 90 of the Principal Act or Part 3 or 4 , or the sale of a house under Part 3 of the Housing (Miscellaneous Provisions) Act 2014; ]

( d) entering into and maintaining rental accommodation availability agreements;

( e) the provision of sites for caravans referred to in section 13 of the Act of 1988 and any accommodation provided to travellers under the Housing (Traveller Accommodation) Act 1998;

( f) the provision of sites for building purposes under section 57 of the Principal Act.

(3) A housing authority may, in accordance with the Housing Acts 1966 to 2009 and regulations made thereunder, for the purposes of providing social housing support to households, whether provided on a permanent or temporary basis—

( a) purchase, build, lease or otherwise acquire dwellings or sites,

( b) convert buildings, and

( c) refurbish dwellings.

(4) In performing its functions under subsections (2) and (3) a housing authority shall have regard to its housing services plan and the need to—

( a) counteract undue segregation in housing between persons of different social backgrounds, and

( b) ensure that a mixture of dwelling types and sizes and of classes of tenure is provided to reasonably match the requirements of households.

(5) A housing authority may, with the approval of the Minister, enter into a public private partnership arrangement for the performance of its functions under subsection (1) .

(6) F14 [ ]

Annotations:

Amendments:

F12

Inserted (15.09.2014) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 49(1), S.I. No. 404 of 2014.

F13

Substituted (1.01.2016) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 34(c), S.I. No. 482 of 2015.

F14

Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(3) and sch. 2 part 1, S.I. No. 214 of 2014.

Modifications (not altering text):

C8

Power of Housing Authority to provide housing supports referred to in subs. (2)(a), (c) and (d) restricted by Social Housing Assessment Regulations 2011 (S.I. No. 84 of 2011), reg. 25A, as inserted (1.07.2011) by Social Housing Assessment (Amendment) (No. 2) Regulations 2011 (S.I. No. 321 of 2011), reg. 3(i), in effect as per reg. 2

[25A. (1) Subject to paragraph (2), in making a determination as to the most appropriate form of social housing support for a qualified household, a housing authority shall not consider the provision of the social housing supports referred to in paragraphs (a), (c) and (d) of section 19(2) of the Act of 2009 where a household member either or both:

(a) damaged a dwelling or site previously provided by any housing authority and neither repaired the property nor paid for the cost of repairs, and

(b) breached the terms of the tenancy agreement for a dwelling or site provided by a housing authority, in consequence of which that authority terminated the tenancy.

(2) A housing authority may consider a household referred to in paragraph (1) for the provision of social housing support, without restriction, where the authority is satisfied that such consideration is warranted by exceptional circumstances and does not conflict with good estate management. ]

C9

Power of Housing Authority to provide housing supports referred to in subs. (2)(a), (c) and (d) restricted (1.04.2011) by Social Housing Assessment Regulations 2011 (S.I. No. 84 of 2011), reg. 25, in effect as per reg. 2, as substituted (1.07.2011) by Social Housing Assessment (Amendment) (No. 2) Regulations 2011 (S.I. No. 321 of 2011), reg. 3(i), in effect as per reg. 2.

Support previously provided

[25. In making a determination as to the most appropriate form of social housing support for a qualified household, a housing authority shall not consider the provision of the social housing supports referred to in paragraphs (a), (c) and (d) of section 19(2) of the Act of 2009 where a household member was previously a tenant of a dwelling or site provided by a housing authority and incurred arrears of rent for an accumulated period of 12 weeks or more in any period of 3 years as such tenant, which arrears have not been paid and the household member concerned has not entered into an arrangement with the housing authority for the payment of such moneys or, having entered into such an arrangement, has not substantially complied with its terms. ]