Housing Policy

Thursday, 25 June 2026

Ceisteanna (326)

George Lawlor

Ceist:

326. Deputy George Lawlor asked the Minister for Housing, Local Government and Heritage if the policy of his Department is to require former co-habiting couples to provide legal separation documents to a housing authority in order for one of the couple to be considered for social housing or for housing assistance payment; his views on whether such a policy places an extraordinary burden on individuals in this situation in legal expenses and delayed application time; if he will review this process in order make it simpler and less expensive, by requiring a statutory declaration signed by a Commissioner for Oaths rather than involving a solicitor; and if he will make a statement on the matter. [48500/26]

Amharc ar fhreagra

Freagraí scríofa

Minister for Housing, Local Government and Heritage

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.

The documentation required in relation to Separation/Divorce to set out in the checklist in the prescribed social housing application form.

In circumstances in relation to separation/divorce, a copy of separation/divorce agreement for both applicants, where applicable is required. The agreement must identify, the extent of maintenance being received or paid by the applicant, the circumstances under which the maintenance payments can cease.

If there is no agreement, a letter from the applicant’s solicitor or a legal affidavit is required. The purpose of this is to outline, for example, maintenance payments, overnight access and custody arrangements for children, and property ownership.

It is considered appropriate that such confirmation is provided by a solicitor given the sensitivity and complexity of issues involved.

This requirement has been in place since the Social Housing Assessment Regulations were introduced in 2011, which standardised the assessment process, and I have no plans to change this requirement at this time.