Housing Supports

Housing Supports

Equal Status Act – Rent Supplement / HAP

Since January 1st 2016, under the Equal Status Acts 2000–2015, you cannot be discriminated against when renting because you are getting Rent Supplement, any other Social Welfare payment, or a Housing Assistance Payment (HAP). This means that landlords can no longer state when advertising accommodation that Rent Supplement (or HAP) is not accepted and they cannot refuse to rent you accommodation because you are getting a Social Welfare payment.

The state provides assistance through the following schemes:

• Rent Supplement

• Housing Assistance Payment

Rent Supplement

Rent Supplement is a short-term income support, paid to people living in private rented accommodation, who cannot provide for the cost of their accommodation, which can include a loss of earnings due to becoming unemployed.

Where a short-term income support is required, rent supplement support is normally calculated to ensure that a person, after the payment of rent, has an income equal to the rate of supplementary welfare allowance appropriate to their family circumstances, less a minimum contribution towards their accommodation costs.

Victims of domestic violence are able to access rent supplement for a 3-month period without undergoing a means test. After the three-month period, a further three-month extension may be provided, subject to the usual rent supplement rules and criteria. Access to Rent Supplement for victims of domestic violence is by way of referral from Tusla and prescribed Tusla-funded service providers. The measure ensures, that after six months, where there is an identifiable long-term housing need, an application has been made for social housing including access to Housing Assistance Payment (HAP).

EU Temporary Protection Directive

One function is support with rent costs. Rent Supplement is available on a flexible basis to support those availing of temporary protection in Ireland and who wish to access private rented accommodation.

Rent Supplement – Personal Contribution

Rent supplement recipients are required to pay a contribution from their own income towards their rent. The standard minimum contribution is €30.00 for single persons and €40.00 for couples, plus any assessable means more than the basic SWA rates (subject to any disregards) towards reasonable rent costs.

Rent Supplement – Over Rent Supplement Limits:

In some cases, Rent Supplement can be paid at the discretion of the DSP staff administering the Rent Supplement scheme where the rent is over the relevant limit. This applies both to people getting Rent Supplement and new applicants.

Rent Supplement – Over Minimum Contribution Levels:

Many recipients pay more than €30 or €40 minimum contribution because they have been assessed as having access to additional means (income) above the basic SWA rate. As such, they are expected to make a greater contribution to the payment of their rent.

Rent Supplement – Eligibility

To qualify for consideration for a Rent Supplement you need to meet one the following conditions:

• You were getting Rent Supplement in the 12 months before the date of your application for Rent Supplement or

• You were living in private rented accommodation for at least 6 months (183 days) of the last 12 months, you could afford the rent at the beginning of your tenancy, and you are unable to continue to pay the rent, because of a substantial change in your circumstances which occurred after you started renting. You can combine time living in more than one rented accommodation to satisfy the 6 months (183 days).

Rent Supplement is also available for those persons who have been residing, for 183 days or more during the 12 months immediately before the application, in an Institution or accommodation for homeless persons, and have not been determined as qualified for social housing support by a housing authority.

Applicants who do not satisfy these conditions will be referred immediately to their local housing authority to have their housing needs assessed. The claimant’s eligibility for social housing support, which includes HAP, will be determined by their respective local authority. As part of the transfer process from Rent Supplement to HAP, those who have long term social housing needs, i.e., people in receipt of rent supplement for over 18 months, are being requested to contact their Local Authority to have their housing needs assessed. It is necessary to apply for a social housing needs

assessment within 6 weeks of being asked to do so by your CWO (Community Welfare Officer). If necessary, an extra 6 weeks can be allowed to make an application, this extension is at the discretion of the CWO dealing with your case.

Rent Supplement – Exclusions:

Rent Supplement will not be paid where an applicant has:

• Left private rented accommodation, local authority accommodation or social housing accommodation without just cause or good reason.

• Left the family home with an intention to seek to rely on the state for housing supports.

• Been excluded from private rented accommodation, local authority accommodation or social housing accommodation for anti-social behaviour.

• Been refused a second offer of local authority housing or has left such housing without reasonable cause.

• Has failed to make a housing needs assessment application to their local authority, upon request by an officer of the Department of Social Protection (DSP) or fails to cooperate with their respective local authority in the processing of their housing needs assessment application.

Rent Supplement – Landlord Registered for Tax

Rent Supplement may not be payable in respect of a tenancy where the landlord:

• Has not provided the Department of Social Protection with a Tax Reference Number (normally their PPS number

• Has not advised the Department of Social Protection that she/he has no Tax Reference Number and has not notified the Department of Social Protection of the reasons why she/he has no Tax Reference Number (TRN).

Rent Supplement – Additional Income from Employment

Taking up part-time insurable employment can affect your Rent Supplement. Additional Income, that is any income which is more than your appropriate Supplementary Welfare Allowance personal rate, is assessed in the following way:

• The first €75 of ‘additional household income’ is disregarded.

• Then 25% of any additional household income over the initial €75 (which is fully disregarded) is also disregarded.

• There is no upper limit for the amount of income to which this 25% additional income disregard can be used for when calculating your contribution towards your rent.

• Rent supplement will continue to provide an income support until your ‘personal contribution towards your rent’ equals your rental payment.

Rent Supplement – other Additional Household Income

When calculating entitlement to a Rent Supplement, ‘additional household income’ is money that comes from:

• Part-time employment or self-employment (under 30 hours per week).

• Full-time employment or full-time self-employment (30 hours or over per week – if one of a couple is in full time employment, both are excluded from claiming Rent Supplement) only where a person is accepted as in need of accommodation by a Local Authority under the Rental Accommodation Scheme.

• Any employment or scheme e.g. Community Employment (CE), Tús, the Rural Social Scheme, Part-time Job Incentive Scheme, Skillnet, Work Placement Scheme, Back to Work Allowance, Back to Work Enterprise Allowance or a FET course.

• Working Family Payment (WFP).

• The value of all property of which the Department determine the person deprived themselves of to qualify for SWA. (If you disagree with any decision of the Department in relation to the disposal of any property, you may have the right of appeal).

• Maintenance Payments of over €95.23. Payments more than €170.23 (€95.23 max maintenance limit + €75 ‘additional household income’) are assessed as ‘additional household income’, with the amount over €170.23 disregarded at 25% of its value.

Where assessable ‘additional household income’ is over €75, the amount over the €75 will be disregarded at 25% of its value:

Example 1

Additional Household Income = €125

Step 1: First €75 disregarded = balance €50

(€125 minus €75 = €50)

Step 2: Amount over €75 disregarded at 25% of its value

(€50 x 25%) = €12.50. Total disregard: €87.50

Step 3: Add Household Income €125 – Total Disregard €87.50

Rent Supplement reduced by €37.50 (€125 - €87.50)

Example 2:

Single person on Jobseeker’s Allowance (€232.00) with no other income

Single Rate Jobseeker’s Allowance €232.00

Basic SWA rate for a single person – €230.00

Additional income above Basic SWA rate €2.00

Private Rented Accommodation per week €105.00

Minus minimum personal contribution (person pays) – €30.00

Maximum Rent Supplement payable per week (DSP) €75.00

Minus additional income above Basic SWA rate – €2.00

Rent Supplement payable (DSP) €73.00

Rent Supplement – Allowed Expenses

When calculating a person’s additional household income, PRSI and reasonable travelling expenses can be disregarded. In addition, certain lunch, travel allowances or childcare allowances paid to participants may also be disregarded. Income Tax will not be disregarded.

Rent Supplement – Non-dependent household members

Non-dependent household members, i.e. children or other family members, receiving a Social Welfare payment, must contribute a minimum of €30 for a single person, €40 for a couple, towards the rent (unless they have already been subjected to the Benefit and Privilege assessment). Where non-dependent household members are working, their assessable income (I.e. gross, less PRSI

and travel to work expenses) is divided by the appropriate rate of SWA (€230 for a single person) which is then multiplied by €30 to establish their liability.

Rent Supplement – Maintenance Payments

The first €95.23 per week of a maintenance payment is counted in full as means when calculating entitlement to Rent Supplement. Any maintenance payments more than €170.23 (€95.23 max maintenance limit + €75 ‘additional household income’) will be assessed as ‘additional household income’, with the amount over €170.23 disregarded at 25% of its value.

Rent Supplement – Disability Allowance (DA) / Blind Pension (BP)

Up to €165 of earnings from training or part time employment can be disregarded if you are getting Disability Allowance or Blind Person’s Pension. This disregard cannot be used together with ‘the additional income disregard’ – only one of the disregards can be applied. The officer dealing with your case will apply whichever is the most beneficial for your circumstances.

Rent Supplement – Returning to Full-Time employment

Persons accepted as being in need of accommodation under the Rental Accommodation Scheme (RAS) may continue to receive a Rent Supplement and return to full-time employment subject to satisfying a means test. To qualify the person must not have been in full-time employment (i.e. 30 hours or more per week) in the previous 12-month period immediately before seeking to retain their Rent Supplement.

Where a person has participated in Community Employment (CE) or the Back to Work Enterprise Allowance Scheme (BTWEA), they will be eligible to retain their Rent Supplement if returning to full-time work – subject to qualifying for the Rental Accommodation Scheme (RAS).

Rent Supplement – when Taking up Employment

A person who is not entitled to retain Rent Supplement on taking up full employment may continue to receive payment of Rent Supplement for a period of up to 30 days after starting work or until such time as he or she first receives remuneration, whichever is the earlier

Rent Supplement – Full-time work

Where one member of a household is working full-time (i.e. if one of a couple is working 30 hours or more) both partners will be excluded from receiving a rent supplement. This does not apply where the claimant has been accepted as ‘in need of accommodation’ by a Local Authority under the Rental

Accommodation Scheme (RAS) and their spouse, civil partner or cohabitant is not in full-time employment.

Rent Supplement – Renting from a Parent

You cannot qualify for Rent Supplement to help you pay rent to your parent if you are living in the family home. If your parent owns a second property, you will not get Rent Supplement to rent this property from them unless it is a bona fide tenancy, and you are assessed as having a housing need. Your parent/s must also be able to prove that they have a history of renting this property.

Rent Supplement – Sharing with your landlord

You may be entitled to get Rent Supplement if you are living in your landlord’s home. It must be a genuine landlord/tenant arrangement. Your landlord must fill in part of the form and provide his or her PPS number.

Rent Supplement – Levels of Acceptable Rent

When assessing applications for Rent Supplement, the Department will use guidelines on what is considered reasonable accommodation for individual or household needs. Rent supplements are subject to a limit on the amount of rent that an applicant for rent supplement may incur. The limits vary according to geographic location and family size.

The rent supplement will cover rent up to the amount set out in the regulations. If your rent is above the maximum ‘cap’ or limit for your family size the DSP can refuse to pay any rent supplement. The Department of Social Protection can ask you to move to cheaper rented accommodation if they

think your accommodation is too expensive. It is essential that you keep the Department of Social Protection informed of any change in your circumstances.

Rent Supplement – Reduction in Rents

If your rent is above the maximum limits, or your rent has been increased above the maximum rent supplement levels, you will be asked to approach your landlord to have your rent reduced. If the landlord will not reduce your rent, you should contact your local rents unit to discuss your options. You may be asked to move to cheaper accommodation. If you believe your rent is above market rates you can submit a complaint to the Residential Tenancies Board (RTB).

Rent Supplement – Worried about losing your home?

Under the National Tenancy Sustainment Framework (NTSF), DSP staff administering the scheme can provide additional financial support under certain conditions:

• a landlord increases/provides a rent above the prevailing maximum rent limit; or

• a member of the household requires specially adapted accommodation due to a disability

Under this Framework each tenant’s circumstances are considered on a case by case basis, and rents can be increased above prescribed limits as appropriate. Community Welfare Service (CWS) staff who administer the rent supplement scheme have a statutory discretionary power to award or increase

a supplement for rental purposes, for example, when dealing with applicants who are at risk of losing their tenancy.

Any person who is having difficulty with their Rent Supplement, for whatever reason, is advised to contact their local CWS Officer as soon as possible. If you are in receipt of rent supplement and worried about losing your home, the Department of Social Protection may be able to provide the additional support you need. Please do not ignore the situation and contact the Community Welfare

Service that is dealing with your rent supplement claim as soon as possible.

If you believe your rent is above market rates, or an increase has been requested which is higher than the 4% Rent Pressure Zone cap, you can submit a complaint to the Residential Tenancies Board (RTB).

Housing Assistance Payment (HAP)

The Housing Assistance Payment (HAP) is a social housing support administered by local authorities. HAP will replace Rent Supplement for those with a long-term housing need who qualify for social housing support. Under the HAP scheme, responsibility for the provision of rental assistance to those with a long-term housing need is transferring to Local Authorities.

HAP has been designed to simplify the current system of housing supports, and it allows households that get full-time employment to remain in the scheme. If you are eligible and approved for HAP, your local authority will pay your monthly rent directly to your landlord on your behalf. In return, you pay a contribution towards your rent to the local authority. This will be a ‘differential rent’ meaning that it is based on your household weekly income in the same way differential rents are charged to tenants in local authority housing.

HAP – Eligibility

To be eligible for HAP, you must first apply for and be approved for social housing support by your local authority. If your household is already on your local authority’s housing list, you will be eligible for HAP. If you are on your local authority’s housing list and currently in receipt of Rent Supplement, you will be eligible for HAP. Rent Supplement will still be available from the Department of Social

Protection for people who do not qualify for social housing support – for example, someone who is temporarily unemployed. Normally, you need to show that you have been renting in the private sector for at least six months of the previous year and that you could afford your rent at the beginning of the tenancy. You may also qualify if you have received Rent Supplement at any time during the 12 months before applying.

To have the local authority pay your rent directly to your landlord, you must meet the following conditions:

• you must pay your weekly rent contribution to the local authority. If you do not pay this rent contribution, HAP payments to your landlord will be stopped or suspended

• you, or any member of your household, must not engage in antisocial behaviour

• your accommodation must meet the standards for rented accommodation

Your local authority will carry out an inspection to make sure the property meets these standards. This inspection will happen within eight months from the time the first HAP payment is made to your landlord.

Your landlord must be tax compliant – that is, the landlord’s tax affairs must be in order, and they must be able to supply a current tax clearance certificate to the local authority. Your local authority may not approve a HAP application if the accommodation is not suitable for your household’s needs. You should also note that your local authority can decide not to make HAP payments in certain circumstances – for example, they could stop payments if a member of your household is engaged

in antisocial behaviour.

HAP – Finding Accommodation

Under the Housing Assistance Payment (HAP), it is up to the tenant to find accommodation for rent in the private rented sector. This accommodation must be within the HAP rent limits, which are based on the size of your household and the rental market in your area. Your local authority will let you know what the rent limits are. The local authority will pay the rent directly to the landlord on behalf of the tenant. This is subject to certain conditions, including that you pay a rent contribution to your local authority. The tenancy will be covered under the terms of the Residential Tenancies Act 2004 (RTA). This means that the tenancy agreement is, or will be, between the tenant and the landlord – the local authority will not be the landlord. The landlord is the person the tenant makes

the rental agreement with and who the local authority pays the rent to. In addition, under the RTA, the landlord must register the tenancy with the Residential Tenancies Board (RTB).

HAP – How to Apply

Once you are qualified for social housing support, you are eligible to apply for HAP. If you are already on your local authority’s housing list, you can ask for the HAP application form and find your own accommodation. The HAP application form only needs to be filled in after you have found accommodation that suits you. This could be your existing accommodation if you are in receipt of Rent Supplement. If this is the case, you need to talk to your landlord as they need to agree to the terms and conditions of the HAP scheme. If you have been receiving Rent Supplement for a significant period, the Department of Social Protection may ask you to contact your local authority about your social housing support qualification and applying for HAP.

HAP – Working and HAP

Under HAP, you are allowed to work full time and continue to benefit from Housing Assistance Payment (HAP). Payments to your landlord will continue, but the amount of rent contribution you pay to your local authority will increase in accordance with your income, like the Differential Rent Scheme operated by the local authorities.

HAP – Paying Rent

You will have to pay your rent contribution through the Household Budget service if you are receiving Social Welfare payments paid through the post office.

HAP – Housing Standards

Your local authority will inspect your accommodation within eight months of the first HAP payment made to your landlord. This is to make sure that your accommodation meets the rental housing standards.

HAP – Local Authority Housing List

Once you are receiving HAP, your housing needs are met, and you will be removed from the local authority’s housing list. However, you will be able to apply for transfer to other forms of social housing, for example a local authority house. When you are approved for HAP, you will receive a letter and a form to apply for a transfer from your local authority. If you apply for a transfer within two weeks of the date of the letter, any time you spent on the housing list before you entered HAP will be considered when your local authority considers your application. This means that you can be placed on your local authority’s transfer list at the point you left the housing list. In other words, you do not have to start from scratch. You can also apply for transfer at a later date, but your previous waiting time on the housing list will not count.

HAP – Duration

Once you have been approved for HAP, you will be expected to stay in the same property for at least two years. However, you may be able to apply for a new HAP payment for another property sooner if your circumstances change. For example, if you receive a job offer in another town, or if your family has another child and the property is no longer big enough.

HAP – More information

You can find additional information on the Housing Assistance Payment on the www.hap.ie website or by contacting your local authority, see the Department of Housing, Planning and Local Government website – www.housing.gov.ie.