Housing (Miscellaneous Provisions) Act 2014

45.

Ineligibility for housing assistance, etc.

45. (1) In this section “a 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) of the Act of 2009.

(2) Subsection (3) applies to a qualified household in receipt of housing assistance that has applied to the housing authority to transfer to a specified form of social housing support.

(3) Where a household to which this subsection applies refuses a prescribed number of reasonable offers of a specified form of social housing support in any continuous period that is prescribed, then—

(a) the authority concerned shall not consider that household’s request for a transfer for a prescribed period after the last refusal during the continuous period so prescribed, and

(b) that prescribed period shall not subsequently be reckonable in any way for the purposes of determining the relative priority of that household for transfer to a specified form of social housing support.

(4) In making an offer of social housing support to which subsection (3) relates, a housing authority may, unless it has been prescribed for the purpose of the subsection concerned, specify a period within which, or a date by 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.

(5) (a) A household in receipt of a form of social housing support other than housing assistance shall not be eligible for such assistance, except where a housing authority is satisfied that the household is unable to continue to live in the dwelling concerned due to exceptional circumstances, including displacement by fire, flood or any other emergency, that was not caused by an act, or a failure to act, by the household or a household member.

(b) A housing authority may, in respect of a household that receives housing assistance in circumstances to which paragraph (a) applies, provide such assistance in respect of an amount of rent that exceeds the maximum amount of rent prescribed or determined under section 43(2) for—

(i) the class of household to which the household belongs, and

(ii) the circumstances and location of the dwelling concerned,

where the housing authority is satisfied, having regard to all the circumstances of the case, that the household has a reasonable requirement to remain in the locality of the dwelling from which the household was required to move.

(c) A household that receives housing assistance in the circumstances set out in paragraph (a) shall cease to be eligible for such assistance when the housing authority—

(i) is satisfied that the dwelling referred to in paragraph (a) is suitable for occupation by the household, or

(ii) provides or allocates under the Housing Acts 1966 to 2014 (other than in respect of the exceptional circumstance to which paragraph (a) relates or any subsequent exceptional circumstance) an appropriate dwelling for the household in the locality of the said dwelling.

(6) Notwithstanding anything contained in this Part, a housing authority may—

(a) refuse to provide, or to continue providing, housing assistance to a qualified household where—

(i) the authority considers that any member of the household is or has been engaged in anti-social behaviour, or

(ii) the household fails to provide information, including information relating to—

(I) members residing together or proposing to reside together as part of the household, or

(II) other persons with whom the household is residing or proposes to reside,

which is requested by the authority and which the authority considers necessary for the purposes of this Part,

or

(b) refuse to permit a person who proposes to take up or resume residence or enter or be in a dwelling the subject of housing assistance where—

(i) the authority considers that the person is or has been engaged in anti-social behaviour, or

(ii) the qualified household or the person concerned fails to provide information that is requested by the authority and which the authority considers necessary in connection with deciding whether to give or refuse such permission.

Annotations:

Modifications (not altering text):

C12

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.

...

Editorial Notes:

E47

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.