Dáil Éireann Debate, Thursday - 28 May 2026
398. Deputy Ken O'Flynn asked the Minister for Housing, Local Government and Heritage whether any review, assessment or consultation process has been undertaken regarding barriers faced by victims of domestic abuse in accessing HAP supports, emergency accommodation or social housing allocations; and if he will make a statement on the matter. [41155/26]
View answer401. Deputy Ken O'Flynn asked the Minister for Housing, Local Government and Heritage whether any national guidance exists for local authorities regarding the treatment of domestic abuse victims under social housing allocation schemes or homelessness assessment processes; and if he will make a statement on the matter. [41158/26]
View answerI propose to take Questions Nos. 398 and 401 together.
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 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.
My Department, working with Cuan, supports the development of Domestic Violence Refuges through the Capital Assistance Scheme (CAS). CAS provides up to 100% capital funding to Approved Housing Bodies to advance Refuge projects in partnership with Domestic Violence groups. My Department and the Housing Agency work closely with the relevant local authorities and Cuan to support, provide technical advice, and advance these projects from initial design through to construction and completion.
My Department’s role in relation to homelessness involves the provision of a national framework of policy, legislation and funding to underpin the role of local authorities in addressing homelessness at local level.
Statutory responsibility in relation to the provision of accommodation and related services for homeless persons rests with individual local authorities. Decisions on the assessment of households for homeless services, the most appropriate form of such support, and the allocation of that support are a matter for the local authority concerned.
Under the Housing Act 1988, it is a matter for each local authority to determine whether a person is regarded as homeless; section 2 of the Act sets out the requirements in this regard. When a household has been assessed as homeless, section 10 of the Housing Act 1988 provides that a local authority may provide accommodation and related services to that household.
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.
With regard to social housing support, the qualification criteria for social housing support are set down in Section 20 of the Housing (Miscellaneous Provisions) Act 2009 and the Social Housing Assessment Regulations 2011, as amended.
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.
The HAP Place Finder service assists households in or at immediate risk of homelessness primarily by providing access to deposits and advance rental payments. These elements are the core financial supports and are available to prospective tenants in all local authority areas. To qualify for specific additional supports available to homeless households, a household must have been determined by the relevant local authority to be homeless within the meaning of section 2 of the Housing Act 1988. The operation of local homeless services, including the Place Finder Service, is a matter for each local authority.
Since 11 July 2022, each local authority has statutory discretion to agree to a HAP payment up to 35% above the prescribed maximum rent limit and can also apply a couple rate to a single person household, where required. Up to 50% discretion can be provided in the case of homeless households in the Dublin region. It is a matter for the local authority to determine, whether, and to what extent, the application of the flexibility is warranted.
In addition to the above supports, a new protocol was established in 2020 when the Minister for Social Protection agreed to make rent supplement more accessible to victims of domestic violence. This measure aims to ensure that they are not prevented from leaving their homes because of financial or accommodation difficulties.
While responsibility for the provision of accommodation for homeless persons rests with individual local authorities, the administration of homeless services is organised on a regional basis, with nine administrative regions in place.
A homelessness consultative forum has been established in each region in accordance with Chapter 6 of the Housing (Miscellaneous Provisions) Act, 2009. Decisions on the range of emergency accommodation services and funding required in each region are a matter for individual local authorities in consultation with the Management Group of the relevant regional joint Homelessness Consultative Forum.
Local authorities and their service delivery partners work closely with all households in need of emergency accommodation to provide appropriate emergency accommodation, and the ultimate aim is to support them to secure an exit to a tenancy.
My Department will ensure sufficient funding is made available for all required homeless services, including the provision of emergency accommodation, to support those at risk of or experiencing homelessness.
