Housing and Residential Tenancies (Miscellaneous Provisions) Bill 2026: Committee and Remaining Stages
Seanad Éireann — 2026-07-14
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James Browne (FF), Wexford

I cannot accept amendments Nos. 10 and 11. The interpretation of "lawfully resident" and "habitually resident" is construed in accordance with section 20A, which sets out the new residency requirements for social housing applicants. Section 20A provides that "A household shall not be eligible for social housing support unless at the time of carrying out the social housing assessment" each member of the household is lawfully resident, habitually resident, meets any condition applicable to a member and no member is subject to a condition that prohibits availing of social housing support.
The habitual residence requirement is a question of fact which seeks to ascertain where the applicant has established his or her centre of interest in the State by examining, for example, family connections, length of stay and employment history. No one factor is intended to be decisive and it is not necessary for a person to score strongly on all five factors outlined in section 20A(7) in order to get a positive decision. However, the local authority decision-maker must be confident that there is strong evidence that it is the applicant's main centre of interest. These mirror the provisions in social welfare Acts. However, the decision that a local authority would take is a distinct decision under the Act.
These legislative reforms are building on existing policy and procedures, which, in the first instance, define social housing as a long-term housing support. Therefore, successful applicants must be in a position to demonstrate that they have a long-term right to reside in the State and, similarly, have a long-term intention to remain in the State. Putting these requirements on a statutory footing ensures there is a robust statutory and regulatory framework in an area of increasing demand and, likewise, public and political scrutiny. The intention is to protect the State's efforts and resources in the area of social housing to focus on the provision of supports for those who meet those eligibility requirements, eliminating the ambiguity and supporting those who need support.
I again highlight that children are exempt from the residency requirements. It is about consistency. It applies equally, whether somebody is Irish or not, if he or she is legally and habitually resident here.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2026-07-14/debate/main
Retrieved: 2026-08-27T06:52:15+00:00
Sitting date: 2026-07-14