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

Unfortunately, I cannot accept amendments Nos. 16, 17 and 18. Under subsections 20(4) and 20(6) of the Housing (Miscellaneous Provisions) Act 2009, the Minister has the power to make regulations setting out the criteria for determining the eligibility and need for social housing support. The legislation in relation to eligibility makes specific reference to eligibility criteria based on income, the availability of alternative accommodation and previous rent arrears in local authority housing and, in relation to the determination of the most appropriate form of support, any social housing support previously provided to the household. The eligibility criteria will now include lawful and habitual residence. The proposed amendment is not necessary as they are not eligibility criteria for social housing support and, therefore, could not be included as grounds for an appeal under section 20B.
As already indicated, these provisions have been the subject of detailed legal advice and review and I am confident that they are robust and will introduce further transparency into local authority decision-making in this regard. Furthermore, section 10B(7) explicitly provides for an appeal against a decision by a local authority under section 10(8) to withdraw the provision of homeless accommodation. There is no statutory appeal in circumstances where a person is found to be ineligible for access to homeless supports and accommodation due to their legal and-or habitual residency status. This is a status determined other than by the local authority in most instances, based on the nature and status of their permission from the Minister for Justice, Home Affairs and Migration.
In order to ensure consistency of application across local authorities, guidance will be issued to local authorities to instruct that a refusal of accommodation following an assessment of eligibility must be communicated in writing, and that the person in question will have the right to have that decision reviewed by a more senior member of the local authority. Accommodation can be provided through the safety net provision while that process is under way, if no other accommodation is available to the person in question.

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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