Housing (Miscellaneous Provisions) Act 2014

46.

Change of dwelling

46. (1) (a) Subject to subsection (2), a qualified household in receipt of housing assistance shall cease to be eligible for social housing support for a prescribed period that shall not exceed one year where the household moves from a dwelling the subject of such assistance and seeks housing assistance in respect of another dwelling within a prescribed period starting on the date that such assistance commences and does so for reasons other than in consequence of the operation of section 41 , 42 or 43(2)(d)(ii).

(b) In paragraph (a) the reference to assistance commencing means the commencement date of the period in respect of which the housing authority made the first payment of rent under this Part to the landlord of the dwelling.

(2) Subsection (1) does not apply where—

(a) the landlord of the dwelling from which the qualified household moved—

(i) served a notice of termination on the tenant concerned prior to the tenancy becoming a Part 4 tenancy within the meaning of the Residential Tenancies Act 2004, or

(ii) terminated the tenancy on a ground specified in the Table to section 34 of that Act, in the case of a Part 4 tenancy within that meaning,

(b) the term of the household’s tenancy in the dwelling expired, or

(c) the housing authority is satisfied that—

(i) due to overcrowding, the dwelling from which the household moved did not meet the accommodation needs of the qualified household, or

(ii) the household moved from the dwelling in order to take up or change employment or for educational purposes, or due to exceptional circumstances, including displacement by fire, flood or any other emergency or for exceptional medical or compassionate reasons.

Annotations:

Modifications (not altering text):

C13

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:

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.