The Housing Assistance Payment (HAP) Scheme is deemed to be a social housing support under the Housing (Miscellaneous Provisions) Act 2014. As a long term housing support, an assessment of housing need must be completed in order for a household to qualify for HAP. Any household with an identified housing need is eligible for HAP.
In order for housing assistance to be provided under the Act the housing authority must be satisfied that the tenancy concerned is or would be a tenancy in good faith. Where there is a family relationship between the tenant and the landlord, the housing authority may seek evidence of a previous landlord and tenant relationship in respect of the property. This evidence may include:
• Proof of rent payments;
• A lease or tenancy agreement for the property; and
• Registration of the tenancy with the Residential Tenancies Board.
In order for a housing authority to be satisfied that a tenancy is or would be in good faith; the onus is on the applicant and landlord to prove that what is being proposed is a bona fide tenancy. Ultimately, it is the responsibility of the housing authority to make a decision in each individual case.
HAP support is available to tenants in rent a room scheme arrangements; however, the rental of a room to a civil partner, son or daughter are excluded from this scheme. HAP cannot be paid where the tenant is seeking to rent within the family home, including the curtilage of the family home. HAP payments cannot be paid on homes that are acquired by family members solely to provide a housing solution to a particular HAP applicant or member of their household. A property should not be purchased for the sole purpose of obtaining HAP.
Disabled people can access social housing support through all of the available routes, namely, standard local authority housing, Rental Assistance Scheme, Approved Housing Bodies and the Housing Assistance Payment Scheme.
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. Regulation 23 of the Social Housing Assessment Regulations 2011 sets out the aspects of a household's current accommodation to which the authority will have regard when determining a household's need for social housing support, which include the extent to which it meets any accommodation requirement arising from the enduring physical, sensory, mental health or intellectual impairment of a household member. The allocation of dwellings to qualified households is a matter for the local authority concerned, in accordance with their allocation scheme made under section 22 of the Housing (Miscellaneous Provisions) Act 2009 and associated Regulations.
My Department jointly published the National Housing Strategy for Disabled People (NHSDP) 2022-2027 and Implementation Plan with the Department of Health and the Department of Children, Disability, and Equality. The Strategy and Implementation Plan may be accessed on my Department’s website at the following link: www.gov.ie/en/publication/60d76-national-housing-strategy-for-disabled-people-2022-2027/.
