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Know Your Rights has been compiled by Kerry Citizens Information Service which provides a free and confidential service to the public…
Local authorities are the main providers of social housing for people who cannot afford to buy a home or rent accommodation privately. Rents are based on the household’s ability to pay.
Approved housing bodies (AHBs) also provide social housing for people who cannot afford to buy their own home. These organisations are sometimes called housing associations or housing co-operatives.
You can only apply to one housing authority. In general, you must already be living in the area covered by that housing authority or have a local connection with the area – though a housing authority may agree to waive this requirement.
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You will only be considered for social housing if your household income is less than the threshold that applies in the housing authority’s area
If your current mortgage is unsustainable, this will be taken into consideration in assessing your household’s need for social housing.
How do I qualify for social housing supports?
In order to qualify, you must be eligible for social housing and you must be in need of social housing.
The housing authority will assess your eligibility first. If you are eligible, it will then assess if you need social housing. If you are a foreign national, you must have a legal right to remain in the State on a long-term basis.
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.
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What is the Income criteria for Cork City and County?
The maximum net income limits for a single person in Cork City Council area is €40,000 and in Cork County Council area it is €35,000. These limits are increased if there are other members of your household. You get an additional:
• 5% of the basic maximum income limit for every adult member of the household. This is up to a maximum of 10% or 2 additional adults.
• 2.5% of the basic maximum income limit for every child in the household
• The local authority looks at your household’s average net income for the 12 months before they received your application when assessing if your household meets the income criteria. Savings are only relevant to the income assessment if they generate an income for applicants, by way of dividend or interest. You should contact your local authority for further details re the assessment of means.
What proof of income is required?
You need to provide proof of your income with your application when applying for social housing. The documents you need differ depending on whether you are employed, self-employed or getting a social welfare payment.
If you are getting a social welfare payment, you will need a statement from the Department of Social Protection detailing all your social welfare payments over the previous 12 months.
If you are self-employed, you will need to provide at least 2 years’ accounts with an auditor’s report, and a notice of assessment and/or a self-assessment acknowledgement letter for the previous 12 months.
If you are employed, you will need evidence of your income for the previous 12 months.
What does the local authority consider to be alternative accommodation?
You will be considered as having alternative accommodation if you or a member of your household has property that you could reasonably be expected to use to meet your housing needs.
This property will be considered alternative accommodation if you could live in it, or sell it and use the money to pay for suitable accommodation.
Alternative property includes property you own abroad, or property that you are renting out. Under residential tenancies legislation you can terminate the tenancy if your household needs the property to live in.
Can I choose where I want to live?
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.
How do I apply?
To apply for local authority housing, download an application form from your local authority’s website, or contact your local authority’s housing department and ask for an application form. You can also get a form from your local Citizens Information Centre
You will need to provide additional documentation with your application form. For example, you need to include photo identification, proof of address and proof of income. The application form has a checklist that includes details of all additional documents you need.
If you need help filling out the application form, or are unsure how to answer the questions or where to get your supporting documents, you can contact your local Citizens Information Centre or your local authority for help.
If you are a wheelchair user or need accessible accommodation you should tick the box marked ‘wheelchair liveable accommodation’ in the section of the form that asks about your housing requirements. There is also a supporting Disability/Medical form for people applying for social housing with a medical or disability need.
What happens to my social housing application next?
The local authority has 12 weeks from receiving your completed application form to assess it and make a decision on whether you qualify for social housing or not.
This timeframe can be extended if the local authority needs additional information, which they will request from you. You must submit the additional information in the required timeframe, or your application may be refused.
If you are accepted by the housing authority as being eligible for and in need of housing, you are placed on its housing list or record of qualified households. It will also notify any other housing authority in whose functional area you have specified an area of choice.
Can I apply for the Housing Assistance Payment (HAP)?
If you are already on the housing list, you can ask your local authority for a HAP application form.
This form only needs to be filled in when you have found suitable accommodation, or if you are already in private rented accommodation and eligible to transfer to HAP. Your landlord will need to complete and sign part of the HAP application form.
If you are getting the Housing Assistance Payment (HAP), which is legally defined as a form of social housing support, you will no longer be on the housing list.
However, if you apply for a transfer from HAP to another form of social housing within 2 weeks of getting the letter confirming your HAP payment, any time that you spent on the housing list can be taken into account when your local authority considers your application.
What are my options if my application for local authority housing is not accepted?
If your application is not accepted, the local authority should give you the reasons for their decision. If it does not, you can apply to see your file under Freedom of Information.
If you want to challenge the local authority’s decision, you can appeal it with them. Each local authority has their own internal appeal process for dealing with appeals.
If you are not happy with the outcome of the internal review you can make a complaint to the Ombudsman.
The Office of the Ombudsman investigates complaints about local authorities and other public bodies. You must make your complaint within 12 months of the local authority’s decision.
The Ombudsman will investigate your complaint and make a decision and recommendations on the issue. They may ask the local authority to review its decision, change its decision, or provide an explanation or compensation.
You can also appeal the local authority’s decision in court. Generally, this is done by applying to the High Court for judicial review of the decision of the local authority.
• For anyone needing information, advice or have an advocacy issue, you can call a member of the local Citizens Information team in Kerry on 0818 07 7860, they will be happy to assist and make an appointment if necessary.
The offices are staffed from Monday to Friday from 10am to 4pm. Alternatively you can email on tralee@citinfo.ie or log on to www.citizensinformation.ie for further information.
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