Housing Assistance Payment Regulations 2014

• Jurisdiction: Ireland
• Citation: IR SI 407/2014
• Year: 2014

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 16th September, 2014.

I, ALAN KELLY, Minister for the Environment, Community and Local Government, in exercise of the powers conferred on me by sections 3 , 20 and 32 of the Housing (Miscellaneous Provisions) Act 2009 (No 22 of 2009), as adapted by the Environment, Heritage and Local Government (Alteration of Name of Department and Title of Ministers) Order 2011 ( S.I. No. 193 of 2011 ), and sections 4 , 38 , 41 , 42 , 43 , 45 and 46 of the Housing (Miscellaneous) Provisions Act 2014 (No. 21 of 2014), and, in so far as relates to the said section 43, with the consent of the Minister for Public Expenditure and Reform, hereby make the following regulations:

Citation

1. These Regulations may be cited as the Housing Assistance Payment Regulations 2014.

Commencement

2. These Regulations come into operation on 15 September 2014.

Interpretation

3. (1) In these Regulations–

“Act of 2005” means the Social Welfare Consolidation Act 2005 (No. 26 of 2005);

“Act of 2009” means the Housing (Miscellaneous Provisions) Act 2009 (No. 22 of 2009);

“Act of 2010” means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24 of 2010);

“Act of 2014” means the Housing (Miscellaneous Provisions) Act 2014 (No. 21 of 2014);

“adult” means a person of full age and a person who is not of full age but on whom a child is dependent for support as part of a household in receipt of housing assistance;

“child” means a person under the age of 18 years who is dependent for support, other than as one of a couple, on an adult member of a household in receipt of housing assistance;

“civil partner” means each person in a civil partnership or legal relationship to which section 3 of the Act of 2010 relates and who are living together;

“cohabitant” means a cohabitant within the meaning of section 172(1) of the Act of 2010;

“couple” means—

(a) a married couple who are living together, where either of them is a tenant, or both of them are tenants, in the dwelling concerned,

(b) both civil partners, where either of them is a tenant, or both of them are tenants, in the dwelling concerned, or

(c) both cohabitants, where either of them is a tenant, or both of them are tenants, in the dwelling concerned;

“prohibition notice” has the meaning given to it by section 18B of the Act of 1992.

(2) In these regulations—

(a) a reference to housing assistance commencing means the commencement date of the period in respect of which the housing authority makes or made the first payment of rent under this Part to the landlord of the dwelling, and

(b) except in Regulations 5(1)(b) and 9, a reference to landlord includes where applicable, a reference to an agent operating on his or her behalf.

Review of determination under section 20(4A) of the Act of 2009

4. Six months is the prescribed interval for the purposes of section 20(4A)(b) of the Act of 2009.

Information to support request for housing assistance

5. (1) For the purposes of section 32(5A) of the Act of 2009, a qualified household shall provide the following information and particulars to the housing authority—

(a) in respect of the dwelling for which housing assistance is sought:

(i) address;

(ii) description, e.g., apartment, maisonette, semi-detached house,

(ii) the number of bedrooms;

(vi) whether dwelling is furnished or unfurnished;

(v) start-date and, where available, end-date of the tenancy;

(vi) whether there is a written tenancy agreement or rent book (within the meaning of section 17 of the Act of 1992) for the dwelling;

(vii) the amount of rent payable under the tenancy (excluding any charges in addition to the rent for services provided), the frequency of rent payment and, where applicable, the date to which rent has been paid under the tenancy;

(viii) the amount of any deposit payable under the tenancy and whether the deposit has been paid,

(b) in respect of the landlord of the dwelling:

(i) his or her name and postal address;

(ii) his or her telephone number and e-mail address;

(ii) where the landlord has appointed an agent to act on his or her behalf, the name, postal address, telephone number and e-mail address of the agent, and

(c) in the case where the household proposes to reside in the dwelling with another person, the name of such person.

(2) For the purposes of section 32(5A) of the Act of 2009—

(a) a qualified household shall, within 4 weeks of being requested to do so by the housing authority concerned, provide to that authority additional information, including documents and other particulars, sought for the purpose of verifying information provided by the household in connection with a request for...