Housing (Miscellaneous Provisions) Act 2014
Housing assistance payments
43. (1) Housing assistance shall be provided in the form of monthly payments by the housing authority to the landlord or his or her agent by electronic means, except where the authority agrees to an alternative arrangement in a particular case.
(2) (a) The Minister may, with the consent of the Minister for Public Expenditure and Reform and having regard to the circumstances and the location of the dwelling the subject of housing assistance, prescribe the maximum amount of rent in respect of which housing assistance may be provided for specified classes of qualified households.
(b) The Minister may determine the maximum amount of rent in respect of which housing assistance may be provided for classes of qualified household, other than classes prescribed under paragraph (a), having regard to the circumstances and the location of the dwelling the subject of housing assistance.
(c) Where, following the making of regulations under paragraph (a), the maximum amount of rent in respect of which housing assistance is provided in a particular case is reduced to an amount less than the amount of rent payable under a tenancy, the housing authority shall as soon as practicable inform the member of the qualified household concerned who is the tenant of the dwelling and advise him or her to request the landlord to reduce the amount of rent payable under the tenancy accordingly.
(d) In a case referred to in paragraph (c) where the rent payable under the tenancy is not reduced to, or below, the maximum rent in respect of which housing assistance will be provided in respect of the qualified household concerned, then—
(i) where it is economically advantageous to do so or for the purpose of avoiding undue hardship for the qualified household concerned, the housing authority concerned may, continue to provide housing assistance in respect of the maximum amount of rent applicable prior to the making of the regulations until the expiry of the tenancy,
(ii) in a case other than that set out in subparagraph (i), the housing authority may provide housing assistance in respect of the rent payable under the tenancy for a period prescribed under this subparagraph for the purposes of enabling the qualified household to find another dwelling, whereupon it shall cease to provide housing assistance in respect of the dwelling, and
(iii) in either case, the housing authority shall notify the qualified household of the circumstances in which housing assistance continues to be provided.
Annotations:
C10
Application of Part restricted (19.08.2021) by Affordable Housing Act 2021 (25/2021), s. 34(1), S.I. No. 424 of 2021.
Housing assistance payment
34. (1) Notwithstanding the provisions of Part 4 of the Act of 2014 a household shall not be deemed to be qualified for housing assistance in respect of a cost rental dwelling, and for the avoidance of doubt—
(a) a housing authority shall not provide housing assistance in respect of a cost rental dwelling, and
(b) a landlord shall not receive the payment of housing assistance in respect of a cost rental dwelling,
unless at least one member of the household for which housing assistance is sought has been party to a current tenancy agreement in respect of that cost rental dwelling for a continuous period of more than 6 months.
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Editorial Notes:
E36
Power pursuant to section exercised (11.07.2022) by Housing Assistance Payment (Amendment) Regulations 2022 (S.I. No. 342 of 2022), in effect as per reg. 2.
E37
Power pursuant to section exercised (1.03.2017) by Housing Assistance Payment (Amendment)Regulations 2017 (S.I. No. 56 of 2017), in effect as per reg. 2.
E38
Power pursuant to section exercised (1.12.2016) by Housing Assistance Payment (Amendment) (No. 4) Regulations 2016 (S.I. No. 575 of 2016), in effect as per reg. 2.
E39
Power pursuant to section exercised (6.07.2016) by Housing Assistance Payment (Amendment) (No. 3) Regulations 2016 (S.I. No. 354 of 2016).
E40
Power pursuant to section exercised (1.07.2016) by Housing Assistance Payment (Amendment) (No. 2) Regulations 2016 (S.I. No. 338 of 2016), in effect as per reg. 2.
E41
Power pursuant to section exercised (1.02.2016) by Housing Assistance Payment (Amendment) Regulations 2016 (S.I. No. 40 of 2016), in effect as per reg. 2.
E42
Power pursuant to section exercised (2.11.2015, 16.11.2015) by Housing Assistance Payment (Amendment) (No. 4) Regulations 2015 (S.I. No. 474 of 2015), in effect as per reg. 2.
E43
Power pursuant to section exercised (20.07.2015) by Housing Assistance Payment (Amendment) (No. 3) Regulations 2015 (S.I. No. 304 of 2015), in effect as per reg. 2.
E44
Power pursuant to section exercised (15.06.2015, 29.06.2015) by Housing Assistance Payment (Amendment) (No. 2) Regulations 2015 (S.I. No. 246 of 2015), in effect as per reg. 2.
E45
Power pursuant to section exercised (25.05.2015) by Housing Assistance Payment (Amendment) Regulations 2015 (S.I. No. 200 of 2015), in effect as per reg. 2.
E46
Power pursuant to section exercised (18.12.2014) by Housing Assistance Payment (Amendment)(No. 2) Regulations 2014 (S.I. No. 576 of 2014), in effect as per reg. 2.
E47
Power pursuant to subs. (2) exercised (1.10.2014) by Housing Assistance Payment (Amendment) Regulations 2014 (S.I. No. 428 of 2014), as per reg. 2.
E48
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.