Dáil Éireann Debate, Thursday - 21 May 2026
264. Deputy Ken O'Flynn asked the Minister for Housing, Local Government and Heritage whether any policy review has been undertaken regarding access to social housing supports for persons leaving abusive relationships following the sale or transfer of a family home. [38583/26]
View answerIt is open to anyone to apply for social housing support at any stage, subject to meeting the eligibility and need criteria at the point at which they apply. Applications for social housing support are assessed by the relevant local authority, in accordance with the eligibility and need criteria set down in section 20 of the Housing (Miscellaneous Provisions) Act 2009 and the associated Social Housing Assessment Regulations 2011, as amended.
Under Section 20 of the 2009 Act and Regulation 22(1) of the Social Housing Assessment Regulations 2011, 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. However, Regulation 22(2) of the 2011 Regulations provides that this ineligibility does not apply where an applicant for social housing support owns accommodation that is occupied by his or her spouse, from whom he or she is formally separated or divorced.
Local authorities may provide households with social housing support under the Rental Accommodation Scheme or the Housing Assistance Payment scheme until ownership of the family home is resolved in a formal separation or divorce settlement.
A revised Household Means Policy 2026 issued to all local authorities recently. The accompanying Guidance, which sets out how local authorities should assess household means, provides savings are only relevant to the assessment in so far as they generate income for applicant households through dividends or interest.
Decisions on the allocation of social housing support are a matter solely for the local authority concerned. Each application must be considered on its own merits and the individual circumstances taken into account. Local authorities will prioritise allocations to those households they consider to be most in need, which can include victims of domestic violence.
Supporting individuals and families experiencing or at risk of experiencing homelessness, including victims and survivors of domestic abuse, is a priority for my Department and the Government. The response to Domestic, Sexual and Gender-Based Violence (DSGBV) is a cross-Departmental and multi-agency issue, with overall policy coordinated by the Department of Justice. Responsibility for the development and provision of services to support victims rests with my colleague the Minister for Justice working in conjunction with Cuan, the statutory DSGBV agency under the remit of the Department of Justice.
In 2017, my Department issued policy and procedural guidance to local authorities relating to the role they can play to assist victims of domestic violence. The issuing of this 2017 policy and guidance was a significant action in the second national strategy on DSGBV 2016-2021, and has since played an important role in addressing the housing needs of victims and survivors of DSGBV, providing direction to local authorities in supporting victims of domestic violence. It covers a range of scenarios that may arise for victims of domestic violence currently in receipt of social housing support and those seeking social housing supports. These include provisions around the use of the Housing Assistance Payment scheme, or the Rental Accommodation Scheme, where a victim has a joint interest in the family home, or ownership of alternative accommodation, but would otherwise qualify for social housing support.
In June 2022 the Department of Justice published Zero Tolerance, the Third National Strategy on DSGBV 2022-2026. As an action in this strategy, my Department committed to a review of the 2017 Policy and Procedural Guidance for Housing Authorities in relation to assisting victims of domestic violence with emergency and long-term accommodation needs in order to ensure continuing effectiveness and consistency in responses to assist victims of domestic violence. My Department has engaged with Cuan in relation to this review and proposed recommendations arising from the review. Any updates to the policy and guidance will be communicated to local authorities in due course. In the meantime, local authorities operate in accordance with the 2017 Guidance.
