20.—F18[(1) For the purposes of this section "household" means—

(a) a person who lives alone,

(b) 2 or more persons who live together, or

(c) 2 or more persons who do not live together but who, in the opinion of the housing authority concerned, have a reasonable requirement to live together.]

(2) Where a household applies for social housing support, the housing authority concerned shall, subject to and in accordance with regulations made for the purposes of this section, carry out an assessment (in this Act referred to as a “social housing assessment”) of the household’s eligibility, and need for, social housing support for the purposes of determining—

(a) whether the household is qualified for such support, and

F19[(b) an appropriate form of such support for that household.]

F20[(3) A housing authority may carry out a social housing assessment in respect of a household where a household member is in receipt of a supplement under section 198(3) of the Social Welfare Consolidation Act 2005 towards the amount of rent payable in respect of his or her residence.]

(4) The Minister may make regulations providing for the means by which the eligibility of households for social housing support shall be determined including, but not necessarily limited to, the following:

(a) the maximum income threshold based on a household comprising one person;

(b) the methodology according to which the threshold referred to in paragraph (a) shall be adjusted for households comprising more than one person;

(c) the manner in which a housing authority shall set the income threshold, having regard to the market rent in respect of, and the average purchase prices for, dwellings in its administrative area, which in any case shall not be more than the maximum income threshold referred to in paragraph (a);

(d) the procedures to be applied by a housing authority for the purposes of determining a household’s eligibility by reference to income;

(e) the availability to the household of alternative accommodation that would meet its housing need;

(f) social housing support previously provided by any housing authority to the household which may be taken account of by a housing authority in making a determination as to F21[an appropriate form] of social housing support for that household;

(g) the period for which a household F22[member] is required to be in receipt of the supplement referred to in subsection (3).

F23[(4A) (a) Where, due to the circumstances of a particular case, a housing authority is unable to establish for the time being whether alternative accommodation is available to a household that would meet the household’s housing need, the authority may, subject to the other provisions of this section, determine that the household is qualified for the forms of social housing support specified in paragraphs (bb) and (d) of section 19(2) of the Act of 2009.

(b) A determination under paragraph (a) shall be reviewed by the housing authority at intervals prescribed for the purposes of this section.

(c) A household to which paragraph (a) relates that is in receipt of a form of social housing support referred to in that paragraph is not eligible to apply for a transfer to a form of such support not referred to in paragraph (a) but, if a housing authority subsequently determines that alternative accommodation is not available to the household that would meet its housing need, then the length of time that the household was in receipt of that form of social housing support shall be reckonable, in accordance with the allocation scheme of the housing authority, for the purposes of an application by the household for a transfer to another form of social housing support.]

F24[(5) (a) Subject to paragraph (b), a household shall not be eligible for social housing support where—

(i) at any time during the 3 years immediately before the carrying out of the social housing assessment, the household or a member of his or her household was in arrears of rent, rent contributions, charges, fees or loan repayments or any other moneys due and owing to a housing authority or an approved body for an accumulated period of 12 weeks or more in respect of a dwelling or site to which Chapter 3 of Part 2 of the Act of 2009 relates, and

(ii) the household or the member concerned has not entered into rescheduling arrangements with the housing authority or approved body concerned for the payment of such arrears, or, having entered into such arrangements, has not, in the opinion of the authority or body, substantially complied with their terms.

(b) The failure of a household or household member to substantially comply with the terms of rescheduling arrangements shall be disregarded in any case where the housing authority or approved body concerned is satisfied that the failure was due to circumstances outside the control of such household or household member.]

F25[(5A) (a) Subject to paragraph (b), a household in receipt of social housing support shall cease to be eligible for such support where—

(i) in the preceding 3 years, the household or a household member was in arrears of rent, rent contributions, charges, fees or any other moneys due and owing to a housing authority or an approved body for an accumulated period of 12 weeks or more in respect of a dwelling or site to which Chapter 3 of Part 2 of the Act of 2009 relate, and

(ii) the household or the member concerned has not entered into rescheduling arrangements with the housing authority or approved body concerned for the payment of such arrears, or, having entered into such arrangements, has not, in the opinion of the authority or body, substantially complied with their terms.

(b) The failure of a household or household member to substantially comply with the terms of rescheduling arrangements shall be disregarded in any case where the housing authority or approved body concerned is satisfied that the failure was due to circumstances outside the control of such household or household member.

(5B) (a) Where a qualified household that is entered on the record of qualified households maintained by a housing authority refuses a prescribed number of reasonable offers of a specified form of social housing support in any continuous period that is prescribed, then—

(i) the household shall be ineligible for social housing support for a prescribed period after the last refusal during the said continuous period, and

(ii) the prescribed period of ineligibility shall not subsequently be reckonable in any way for the purposes of determining the relative priority of that household for social housing support.

(b) In making an offer of housing social support referred to in paragraph (a), a housing authority may, unless it has been prescribed for the purpose of the paragraph concerned, specify a period or date within which the offer has to be accepted before it lapses and if the offer lapses it shall be deemed to be a refusal for the purposes of that subsection.

(c) In this subsection "specified form of social housing support" means social housing support of a kind referred to in paragraph (a), (b) or (d) of section 19(2).]

(6) The Minister may make regulations providing for the matters by reference to which a household’s need for social housing support and the form of such support shall be determined including, but not necessarily limited to, the following:

(a) the description and classification of household need;

(b) the description of specific accommodation requirements according to different categories of household need;

(c) the description of accommodation need based on the composition of the household.

(7) The Minister may make regulations in relation to the carrying out of social housing assessments, including, but not necessarily limited to, the following:

(a) the form and manner in which a social housing assessment shall be carried out;

(b) the period within which an application for social housing support shall be dealt with by a housing authority;

(c) notification by the housing authority of the making of a decision in respect of an application for social housing support;

(d) the frequency of reviewing and updating assessments.

(8) In carrying out a social housing assessment under this section, a housing authority may disregard the accommodation the household is occupying where the authority has reason to believe that the household, or any member of it, has deliberately or without good and sufficient reason done or failed to do anything (other than an action or omission in good faith) in consequence of which the accommodation the household is so occupying is less suitable for its adequate housing than other accommodation which it would have been, or would be, reasonable for the household to occupy.

(9) A household in receipt of social housing support referred to in section 19 (2) (b), before the coming into operation of this section, is deemed to have been assessed and qualified for such social housing support under this section.

F26[(10) A housing authority shall not be required to carry out a social housing assessment in respect of a household in receipt of social housing support that is seeking to transfer to, or to avail of, another form of social housing support.]