Housing (Miscellaneous Provisions) Act 2009

32

Information requirements.

32.— (1) This section applies to—

(a) a household which has applied for housing support and in respect of whom a decision has not been made to provide a dwelling or site, including a household which applied for housing support before the coming into operation of this section,

(b) a household in respect of whom—

(i) a social housing assessment is being carried out under section 20 (3), and

(ii) a decision has not yet been made to allocate a dwelling,

(ba) a household that has been determined by a housing authority to be qualified for social housing support and is seeking housing assistance in respect of a particular dwelling, and

(c) a household in receipt of housing support, whether before or after the coming into operation of this section.

(2) In the performance of its functions under the Housing Acts 1966 to 2009, a housing authority may request—

(a) a household to which this section applies, to give to the housing authority all or any of the following information:

(i) the number of household members, together with the age, sex, occupation and condition of health of each member;

(ii) the weekly income of each household member, including any assistance, benefit or allowance received by or on behalf of any household member under the Social Welfare Acts, the Health Acts 1947 to 2008 or the legislation of any other state or from any other source;

(iii) the means of transport available to the household and the cost of such transport,

and

(b) in the case of a household referred to in F41[paragraph (a), (b) or (ba) of subsection (1)], to give to it all or any of the following information:

(i) the terms upon which premises are currently occupied by the household, the amount of rent payable in respect of such premises and the name and address of the person to whom rent is payable;

(ii) any dwelling or site provided by a housing authority, or an approved body, previously let or sold to the household or any household member at any time before the application is made;

(iii) any dwelling previously let to the household or any household member under a Chapter 4 tenancy agreement at any time before the application is made.

(3) A request for information shall be in writing and shall specify a period of not less than 14 days from the date of the request within which the information shall be given to the housing authority.

(4) Information shall be given in writing unless the housing authority agrees to the information being given in another form and subject to any conditions it may specify.

(5) Without prejudice to subsection (2), for the purposes of carrying out social housing assessments under section 20, the Minister may make regulations providing for—

(a) the form in which an application for social housing support shall be made, including by electronic means,

(b) the information and particulars to be provided by a household applying for social housing support and verification of such information and particulars,

(c) the furnishing of such additional information as a housing authority considers appropriate for the purposes of carrying out an assessment,

(d) the period within which the information and particulars, including any additional information, shall be provided by the household concerned, and

(e) such other matters as the Minister considers necessary and appropriate.

F42[(5A) Without prejudice to subsection (2), for the purpose of enabling a housing authority to consider a request from a qualified household for housing assistance under Part 4 of the Housing (Miscellaneous Provisions) Act 2014 in respect of a particular dwelling, the Minister may make regulations providing for

(a) the information and particulars to be provided by the household in respect of the dwelling, the landlord involved and, in relevant cases, the person or person with whom the household proposes to reside in the dwelling, and the verification of such information and particulars,

(b) the furnishing of such additional information as the authority considers appropriate for the purposes of considering the request,

(c) the period within which the information and particulars including any additional information, shall be provided by the household concerned, and

(d) such other matters as the Minister considers necessary and appropriate.]

(6) (a) Without prejudice to subsection (2), the Minister may make regulations for the purposes of—

(i) the purchase of a dwelling under an incremental purchase arrangement under Part 3 ,

(ii) the purchase of an apartment under Part 4, F43[]

F44[(iia) the purchase of a house under Part 3 of the Housing (Miscellaneous Provisions) Act 2014, or]

F45[(iii) the purchase of an affordable dwelling within the meaning of section 4 of the Affordable Housing Act 2021 under Part 2 of that Act].

(b) Regulations made under this subsection may provide for the following:

(i) the form and manner in which an application to purchase may be made, including by electronic means;

(ii) the information and particulars to be provided by a household applying to purchase and verification of such information and particulars;

(iii) the furnishing of such additional information as the housing authority considers appropriate for the purposes of considering the application;

(iv) the period within which the information and particulars, including any additional information, shall be provided by the household making the application, and

(v) such other matters as the Minister considers necessary and appropriate.

(7) (a) A person is guilty of an offence and is liable on summary conviction to a fine not exceeding €2,000 where he or she is a member of a household requested to give information to a housing authority under this section or any regulations made under subsection (5) or (6), as the case may be, and he or she—

(i) knowingly makes any statement or representation (whether written or verbal) which is to his or her knowledge false or misleading in any material respect, or knowingly conceals any material fact, or

(ii) produces or furnishes, or causes or knowingly allows to be produced or furnished, any document or information which he or she knows to be false in a material particular.

(b) An offence under paragraph (a) may be prosecuted by the housing authority who requested the information referred to in that paragraph.

(8) Where a person is convicted of an offence under subsection (7) (a) and by reason of that offence the housing authority incurred a higher level of expenditure in providing housing support for a household than it would have incurred otherwise, any such expenditure shall be repayable to the housing authority and the person or the personal representative of that person shall be liable to pay to the housing authority, on demand, the expenditure so repayable and that expenditure, if not so repaid, may be recovered by the housing authority as a simple contract debt in any court of competent jurisdiction.

(9) Where a person is convicted of an offence under subsection (7) (a) and by reason of that offence the housing authority charged a lower rent in respect of the provision of housing support than it would otherwise have charged, the amount by which the rent was undercharged shall be repayable to the housing authority and the person or the personal representative of that person shall be liable to pay to the housing authority, on demand, the amount so repayable and that amount, if not so repaid, may be recovered by the housing authority as a simple contract debt in any court of competent jurisdiction.

Annotations

Amendments:

F39

Deleted (15.09.2014) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 49(4)(a), S.I. No. 404 of 2014.

F40

Inserted (15.09.2014) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 49(4)(a), S.I. No. 404 of 2014.

F41

Substituted (15.09.2014) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 49(4)(b), S.I. No. 404 of 2014.

F42

Inserted (15.09.2014) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 49(4)(c), S.I. No. 404 of 2014.

F43

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

F44

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

F45

Substituted (3.09.2021) by Affordable Housing Act 2021 (25/2021), s. 26(c), S.I. No. 450 of 2021.

Editorial Notes:

E45

Power pursuant to section exercised (7.09.2022) by Social Housing Assessment (Amendment) (No. 2) Regulations 2022 (S.I. No. 446 of 2022).

E46

Power pursuant to section exercised (14.03.2022) by Social Housing Assessment (Amendment) Regulations 2022 (S.I. No. 73 of 2022), in effect as per reg. 2.

E47

Power pursuant to section exercised (19.04.2021) by Social Housing Assessment (Amendment) Regulations 2021 (S.I. No. 116 of 2021), in effect as per reg. 2.

E48

Power pursuant to section exercised (2.06.2016) by Social Housing Assessment (Amendment) Regulations 2016 (S.I. No. 288 of 2016).

E49

Power pursuant to section exercised (1.01.2016) by Housing (Sale of Local Authority Houses) Regulations 2015 (S.I. No. 484 of 2015), in effect as per reg. 2.

E50

Power pursuant to section exercised (15.09.2014) by Housing Assistance Payment Regulations 2014 (S.I. No. 407 of 2014), in effect as per reg. 2.

E51

Power pursuant to subs. (6) exercised (1.01.2012) by Housing (Tenant Purchase of Apartments) Regulations 2011 (S.I. No. 679 of 2011), in effect as per reg. 2.

E52

Power pursuant to section exercised (1.07.2011) by Social Housing Assessment (Amendment) (No. 2) Regulations 2011 (S.I. No. 321 of 2011), in effect as per reg. 2.

E53

Power pursuant to section exercised (1.04.2011) by Social Housing Assessment (Amendment) Regulations 2011 (S.I. No. 136 of 2011), in effect as per reg. 2.

E54

Power pursuant to section exercised (1.04.2011) by Social Housing Assessment Regulations 2011 (S.I. No. 84 of 2011), in effect as per reg. 2; as amended (1.04.2011) by Social Housing Assessment (Amendment) Regulations 2011 (S.I. No. 136 of 2011), in effect as per reg. 2 and (1.07.2011) by Social Housing Assessment (Amendment) (No. 2) Regulations 2011 (S.I. No. 321 of 2011), in effect as per reg. 2.

E55

Power pursuant to subs. (6) exercised (14.06.2010) by Housing (Incremental Purchase) Regulations 2010 (S.I. No. 252 of 2010), in effect as per reg. 2.