Local authorities are the main providers of social housing (or housing authorities) for people who cannot afford to buy their own homes. Local authority housing is allocated according to eligibility and need. Rents are based on the household’s ability to pay.
Three sets of regulations prescribe how housing authorities should handle social housing applications. They are the Social Housing Assessment Regulations 2011 (pdf), the Social Housing Assessment (Amendment) Regulations 2011 (pdf) and the Social Housing Assessment (Amendment) (No. 2) Regulations 2011 (pdf).
Important elements of these Regulations include:
In order to qualify, you must be eligible for social housing and you must be in need of social housing.
Foreign nationals: you must have a legal right to remain in the State on a long-term basis. Detailed rules are contained in Circular Housing 41/2012 (pdf).
To be regarded as eligible for social housing you must satisfy the income criteria.
You must also show that you do not have suitable alternative accommodation.
The Department of the Environment, Community and Local Government has published detailed guidance (pdf) on how household income is to be assessed by local authorities. There are 3 maximum income thresholds that apply to different housing authorities. The Department has published a table showing these maximum net income limits (pdf).
You will be regarded as having alternative accommodation if a member of the household has property that the household could reasonably be expected to live in. This includes property that is being rented out – (under the Residential Tenancies Act 2004 you can terminate the tenancy if the household needs the property to live in.)
A property will not be regarded as alternative accommodation in the following cases:
When deciding whether your household is in need of social housing the housing authority must consider the following questions in relation to your current accommodation:
And added by the Social Housing Assessment (Amendment) (No. 2) Regulations 2011 (pdf)
You can specify up to 3 areas where you would choose to live. At least one of them must be in the area administered by the housing authority that you apply to (its ‘functional area’) and the others must be either in that functional area or within the same county. If you do not live in or have a connection with the housing authority’s own functional area, but the authority has agreed to accept an application from you, you can only pick areas of choice within that particular authority’s functional area.
The Social Housing Assessment (Amendment) (No. 2) Regulations update some of the detailed rules as regards areas of choice and changes of mind.
If you are accepted by the housing authority as being eligible for and in need of housing, you are then placed on its waiting list, now known as a ‘record of qualified households’, and the housing authority will also notify any other housing authority in whose functional area you have specified an area of choice.
Each housing authority draws up its own rules for deciding order of priority on the waiting list. These are called ‘schemes of letting priorities’. You can get a copy from your housing authority. Some housing authorities operate a points system, giving each household on the list a number of points depending on its circumstances.
If you want to know your position on the waiting list, ask your housing authority. Your position may go up or down depending on the circumstances of other people on the waiting list and as your own circumstances change. In practice, priority is generally given to families and older people rather than single people or couples without children.
As houses and flats become available for letting, they are allocated from the waiting list in order of priority, taking account of all the relevant circumstances.
When the housing authority is planning to offer you accommodation, it must review its assessment of your household’s eligibility and need for social housing. It must also confirm that your application is still valid as regards connection with the area and selection of ‘area of choice’.
If you are offered a house or flat that you do not want, you can refuse it. However, if the local authority thinks that you do not have a good reason for refusing the offer, it may reduce your priority on the waiting list, particularly if you refuse more than one offer.
Local authority housing is unfurnished. If you are offered a local authority home and you do not have and cannot afford to buy furniture or appliances, you may be eligible for help under the Supplementary Welfare Allowance Scheme.
If you or a member of your household has previously been in local authority housing, the housing authority will not allocate housing to you if you or a household member has:
However, the Social Housing Assessment (Amendment) (No. 2) Regulations allow housing authorities, in exceptional circumstances, to consider providing social housing support to households in situations (a) or (b) above.
If you are in private rented accommodation while waiting for local authority housing, you may be eligible for Rent Supplement. People who have been on Rent Supplement for a long time may switch to the Rental Accommodation Scheme (RAS).
A new Housing Assistance Payment (HAP) is being introduced, which will eventually replace long-term Rent Supplement. If you are housed under HAP, you will no longer be on the local authority’s housing list. However, you can apply for transfer to other forms of social housing. If you do apply for a transfer as soon as you enter HAP, any time that you spent on the housing list can be taken into account when your local authority considers your application.
Local authority rents are based on a system called 'differential rents'. This means that the rent is based on your ability to pay, so if your income is low, your rent will be low; and if your income increases, so will your rent. The income of any other members of your household will be added to the rent calculation and there may be deductions for any children in your family. Each local authority operates its own rent scheme.
Your local authority may have a minimum and/or maximum rent, which may depend on the size of your home. There is also a hardship clause that gives local authorities discretion to reduce the rent if there are particular reasons to do this.
If your income or the income of anyone in your household changes, you must
inform the local authority.
To apply for local authority housing, download an application form from your your local authority's website or else contact its Housing Department directly. If you wish to be considered for accommodation provided by a housing association or other approved housing body, tick the box marked “voluntary/co-operative housing” on the application form. Some housing associations may accept direct applications.
If you have a question relating to this topic you can contact the Citizens Information Phone Service on 0761 07 4000 (Monday to Friday, 9am to 8pm) or you can visit your local Citizens Information Centre.