Social Housing Assessment Regulations 2011.
Statutory Instruments
Source: Statutory Instruments

num: 1
paragraphs: These Regulations may be cited as the Social Housing Assessment Regulations 2011.
num: 2
paragraphs: These Regulations come into operation on 1 April 2011.
num: 3
paragraphs: (1) In these Regulations-
(2)(a) References in these Regulations to a city, county, or town shall be construed in accordance with section 10 of the Act of 2001.
(b) References in these Regulations to a city council, a county council or a town council shall be construed in accordance with section 11 of the Act of 2001.
num: 4
paragraphs: (1) A housing authority may require a household to complete an application in the prescribed form in order to be assessed for social housing support where:
(a) the authority is considering carrying out a social housing assessment in respect of the household under Regulation 13, or
(b) the household was included in the most recent assessment of housing need made under section 9(2) of the Housing Act 1988 (No. 28 of 1988) and the authority proposes to review its qualification for social housing support.
(2) In all cases other than those referred to in paragraph (1), a household seeking social housing support shall complete an application in the prescribed form.
num: 5
paragraphs: A household may apply for social housing support to one housing authority only (the “housing authority of application”), which authority shall be either–
(a) the housing authority for the functional area in which the household normally resides, or
(b) the housing authority for the functional area with which the household has a local connection, or
(c) the housing authority that agrees, at its discretion, to conduct a social housing assessment in respect of that household on receipt of an application from the household.
num: 6
paragraphs: A housing authority of application shall, in determining if a household has a local connection with its functional area, have regard to whether:
(a) a household member resided for a continuous 5-year period at any time in the area concerned, or
(b) the place of employment of a household member is in the area concerned or is located within 15 kilometres of the area, or
(c) a household member is in full-time education in any university, college, school or other educational establishment in the area concerned, or
(d) a household member with an enduring physical, sensory, mental health or intellectual impairment is attending a medical or residential establishment in the area concerned that has facilities or services specifically related to such impairment, or
(e) a relative of a household member resides in the area concerned and has resided there for a minimum period of 2 years.
num: 7
paragraphs: (1) For the purposes of enabling households to specify areas of choice, a housing authority may divide its functional area into 2 or more than 2 areas of choice.
(2) Where the functional area of a housing authority is not divided into areas of choice, such functional area shall be deemed to be a single area of choice for the purposes of these Regulations.
num: 8
paragraphs: (1) A household applying for social housing support shall specify one area of choice in the functional area of the housing authority of application and may, in accordance with paragraph (2), specify one or 2 other areas of choice.
(2)(a) In the case of an application under Regulation 5(a) or (b)-
(i) where the housing authority of application is Dublin City Council or one of the county councils of Dun Laoghaire-Rathdown, Fingal or South Dublin, any other area of choice specified by the household shall be in the functional areas of those housing authorities,
(ii) where the housing authority of application is a county council or town council in the counties of North Tipperary or South Tipperary, any other area of choice specified by the household shall be in the functional areas of the housing authorities in those counties,
(iii) where the housing authority of application is a county council or town council other than those referred to in subparagraphs (i) and (ii), any other area of choice specified by the household shall be in the functional areas of the housing authorities in the county concerned, and
(iv) where the housing authority of application is a city council other than Dublin City Council, any other area of choice specified by the household shall be in the functional area of the housing authority of application.
(b) In the case of an application under Regulation 5(c), any other area of choice specified by the household shall be in the functional area of the housing authority of application.
num: 9
paragraphs: (1) Subject to paragraph (2), a qualified household may notify the housing authority of application that it wishes to change one or more than one area of choice in the application area.
(2) A change in an area of choice under paragraph (1) shall comply with the following conditions:
(a) the household may not change an area of choice within the period of 12 months following notification of that area of choice to the housing authority of application,
(b) where a household notifies the housing authority of application that it no longer wishes to receive social housing support in an area of choice that it previously specified, the household may not, within the period of 12 months following such notification, change its preferences so as to specify that area of choice again, and
(c) the total number of areas of choice specified by the household at any time shall not exceed 3.
(3) Where a qualified household changes its areas of choice to specify an area of choice in the functional area of a housing authority in the application area in which it was not, immediately prior to the change, recorded as qualified for social housing support, the date of entry of the household on that housing authority’s record of qualified households shall be the date on which the housing authority of application receives notice of the change in the area of choice.
(4) A qualified household that applied for social housing support-
(a) under Regulation 5(a) or (b), to one of the city councils of Cork, Galway, Limerick or Waterford, or
(b) under Regulation 5(c),
(5) Where a qualified household that applied for social housing support under Regulation 5(a) or (b) to a housing authority other than the city council of Cork, Galway, Limerick or Waterford no longer wishes to receive social housing support in the functional area of the housing authority of application, the household may qualify, or continue to be qualified, for social housing support in the functional area of another housing authority in the application area, provided that, at the time the housing authority of application receives notice of the change in the household’s wishes, the household is normally resident in, or has a local connection with, the functional area of a housing authority in the application area.
num: 10
paragraphs: Where a household seeking social housing support specifies, in accordance with Regulation 8 or 9, an area of choice in the functional area of a housing authority other than the housing authority of application, the social housing assessment carried out by the housing authority of application shall include a determination of the household’s qualification for social housing support in such functional area.
num: 11
paragraphs: (1) Subject to paragraph (2), a household shall, within 4 weeks of being requested to do so by the housing authority of application, provide to the authority such additional information, including documents and other particulars, sought by the authority for the purpose of verifying information relating to an application for social housing support.
(2) Where requested by the household for stated reasons, the housing authority of application may agree to an extension of the period of 4 weeks referred to in paragraph (1) for providing the additional information requested under the said paragraph.
num: 12
paragraphs: (1) Subject to proper completion of the application form by the household and to paragraph (2), the housing authority of application shall deal with the application within a period of 12 weeks of receipt or, where the authority has requested additional information for the purpose of verifying information relating to the application, within 6 weeks of the receipt of such additional information.
(2) Subject to paragraph (4), where the housing authority of application is unable to deal with an application within the relevant period specified in paragraph (1), the authority shall, before the expiration of the period concerned, notify the household accordingly, specifying the reason therefor and the further period within which the authority expects to deal with the application.
(3) Subject to paragraph (4), a housing authority of application may, where necessary and for stated reasons, extend the further period referred to in paragraph (2) and shall notify the household accordingly.
(4) Any extension to a period granted by a housing authority under paragraph (2) or (3) shall expire on or before the effluxion of 14 weeks following the expiry of the relevant period referred to in paragraph (1).
num: 13
paragraphs: A housing authority may carry out a social housing assessment where a household has been in receipt of a supplement under section 198(3) of the Act of 2005 towards the amount payable by the household in respect of the household’s residence for a continuous period of—
(a) 18months or more, or
(b) such lesser period as the authority considers appropriate, having regard to the number of qualified households and the availability of social housing support in its functional area.
num: 14
paragraphs: In carrying out a social housing assessment, the housing authority of application shall, in the first instance, assess the household’s eligibility for social housing support and if the authority determines that the household is not eligible for such support, the authority shall not proceed to assess the household’s need for such support.
num: 15
paragraphs: (1) On determining a household’s qualification for social housing support, the housing authority of application shall forthwith notify the household concerned and, where the household is not so qualified, shall set out the reason therefor.
(2) Where the housing authority of application determines that a household is qualified for social housing support, that authority shall, within 4 weeks, notify its determination to the housing authority for any other functional area to which the determination applies.
num: 16
paragraphs: A household shall be deemed to be entered on a housing authority’s record of qualified households on the date that the housing authority of application determines that the household is qualified for social housing support, except that-
(a) where the housing authority of application did not seek additional information from the household under Regulation 11 and did not determine the household’s qualification for social housing support within the period of 12 weeks from the date of receipt of a properly completed application form, the household shall be deemed to be entered on an authority’s record of qualified households on the date of expiry of the said period of 12 weeks, or
(b) where the housing authority of application sought additional information from the household under Regulation 11 and did not determine the household’s qualification for social housing support within the period of 6 weeks from the date of receipt of such additional information, the household shall be deemed to be entered on an authority’s record of qualified households on the date of expiry of the said period of 6 weeks.
num: 17
paragraphs: A household’s income shall be calculated for the purposes of these Regulations in accordance with written guidance issued by the Minister to housing authorities (in these Regulations referred to as a “household means policy”).
num: 18
paragraphs: A household with an income in excess of the income threshold set by a housing authority shall be ineligible for social housing support in the functional area of that authority.
num: 19
paragraphs: (1) A maximum income threshold of €30,000 applies to a household comprising one person that is seeking social housing support in the functional area of a housing authority specified in the Table to this Regulation.
(2) The maximum income threshold specified in paragraph (1) may be increased by—
(a) 5% in respect of each additional household member aged 18 years or more, subject to a maximum increase of 10% under this subparagraph, and
(b) 2.5% in respect of each household member aged less than 18 years, subject to a maximum increase of 10% under this subparagraph.
(3) Each housing authority specified in the Table to this Regulation shall set the maximum income threshold calculated in accordance with paragraphs (1) and (2) as its income threshold, except where such authority, having regard to the market rent in respect of, and the average purchase prices for, dwellings in its administrative area, decides to set a lower income threshold for a household comprising one person, in which case the authority shall adjust such threshold for households comprising more than one person in accordance with paragraph (2).
num: 20
paragraphs: (1) A maximum income threshold of €25,000 applies to a household comprising one person that is seeking social housing support in the functional area of a housing authority specified in the Table to this Regulation.
(2) The maximum income threshold specified in paragraph (1) may be increased by either or both—
(a) 5% in respect of each additional household member aged 18 years or more, subject to a maximum increase of 10% under this subparagraph, and
(b) 2.5% in respect of each household member aged less than 18 years, subject to a maximum increase of 10% under this subparagraph.
(3) Each housing authority specified in the Table to this Regulation shall set the maximum income threshold calculated in accordance with paragraphs (1) and (2) as its income threshold, except where such authority, having regard to the market rent in respect of, and the average purchase prices for, dwellings in its administrative area, decides to set a lower income threshold for a household comprising one person, in which case the authority shall adjust such threshold for households comprising more than one person in accordance with paragraph (2).
num: 21
paragraphs: (1) A maximum income threshold of €20,000 applies to a household comprising one person that is seeking social housing support in the functional area of a housing authority other than those specified in the Tables to Regulations 19 and 20.
(2) The maximum income threshold specified in paragraph (1) may be increased by either or both—
(a) 5%in respect of each additional household member aged 18 years or more, subject to a maximum increase of 10% under this subparagraph, and
(b) 2.5%in respect of each household member aged less than 18 years, subject to a maximum increase of 10% under this subparagraph.
(3) Each housing authority referred to in paragraph (1) shall set the maximum income threshold calculated in accordance with paragraphs (1) and (2) as its income threshold, except where such authority, having regard to the market rent in respect of, and the average purchase prices for, dwellings in its administrative area, decides to set a lower income threshold for a household comprising one person, in which case the authority shall adjust such threshold for households comprising more than one person in accordance with paragraph (2).
num: 22
paragraphs: (1) A household shall be ineligible for social housing support if it has alternative accommodation that the household could reasonably be expected to use to meet its housing need, either by occupying it or by selling the accommodation and using the proceeds to secure suitable accommodation suitable for the household’s adequate housing.
(2) A household shall be deemed to have alternative accommodation of the type referred to in paragraph (1), if the accommodation is owned by a household member and—
(a) such accommodation is vacant, or
(b) if such accommodation is let, the tenancy may be terminated on the grounds specified in paragraphs 3 or 4 of the Table to section 34 of the Residential Tenancies Act 2004 (No. 27 of 2004), or
(c) such accommodation is occupied by a person other than a person—
(i) whose marriage to a household member has been dissolved,
(ii) who is married to a household member but who is separated from him or her under an order of a court of competent jurisdiction or by a deed of separation, or
(iii) whose civil partnership, within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24 of 2010), or whose legal relationship of a kind referred to in section 3(b) of the said Act, with a household member has been dissolved.
(3) In determining whether alternative accommodation would meet a household’s housing need, if the household were to occupy it, the housing authority of application shall have regard to the matters referred to in paragraphs (b) to (d) of Regulation 23 in respect of that accommodation.
num: 23
paragraphs: In determining a household’s need for social housing support, the housing authority of application shall have regard to the following matters relating to the household’s current accommodation—
(a) whether it is an institution, emergency accommodation or a hostel,
(b) whether it is overcrowded within the meaning of section 63 of the Act of 1966,