Rent Allowance - LA Housing Eligibility - Pregnant and Worried

Hi all, really hoping someone can advise me. I'll try to keep this brief.

I am being laid off my part time job this week, my husband is also unemployed. I am currently 26 weeks pregnant. I will be 30 weeks pregnant by the time my rent is due again having just paid for the month of May. Until now, we have been claiming Unemployment Assistance (stamps for benefit have run out) but have been able to just about pay the rent thanks to my part time job so didn't apply for Rent Supplement. We now find ourselves in a situation where we will find it nearly impossible to pay our rent and live with a new baby on benefits alone... We are hoping to be granted Rent Supplement. Of course, we'd love to be able to get it before the baby comes although the house we stay in now is outside the capped amount for a married couple, but within the limits for a married couple with a child, but we are prepared for being refused until the baby arrives and we will try to manage.

I will go to see the CWO next week and have been trying to get all my documentation pulled together in advance of this meeting. One of the stipulations is that we must have either lived in private rented accom for at least 6 months in past 12 months OR be approved for Local Authority Housing. We have lived in private rented accom for more than 3 years so were sure we met their requirements. However, on another forum last night, I was informed while they say either/or, they will in fact require we have been approved for LA Housing. Herein lies the problem.

I own a house in another county, which is rented. This house is mortgaged, in negative equity and the rental income does not cover the mortgage each month. However, I am very worried that the local authority will still consider this suitable accommodation and as such I would not be approved for housing in the area we currently live because of it. The area we now live in is my home county and myself and my husband moved back here over 3 years ago. If they do indeed refuse to put me on the LA housing list I will be in turn refused Rent Allowance, which leaves us and new baby in very worrying situation.

After a sleepless night, I'm hoping someone here can advise if we have any hope at all? Thanks so much in advance,

Mary

The qualifying criteria for Rent Supplement can be found here:

http://www.welfare.ie/en/Pages/Rent-Supplement.aspx

The criteria specifically state either renting for 6 of the previous 12 months or be on the housing list.

The fact that you have a property (was it your family home or always a rental?) may be a factor in your application - there should be no means assessed since it is in negative equity, but you could be asked why you don't move back and apply for Mortgage Interest Supplement instead. I'm not saying that your application would be refused, but you may be asked about it.

Hi gipimann and thanks for your reply.

In answer to your question, this was my/our family home until such time that my husband (then partner) moved back here, to my home county to seek employment, which we both found. However, all good things come to an end it seems and we are now both unemployed again. So disheartening.

Anyway, yes, up until last night, I was under the impression that the qualifying criteria stated (i.e. the crucial 'OR' in their requirements) were just that. However, from the research I've done and the opinions of others online it seems that the 'OR' should, in fact be an 'AND' as they seem to be insisting on LA housing eligiblity at present. If you are aware of this not being the case it would give me a lot of much needed hope, I can tell you!

I'm prepared for being asked numerous questions about why I don't just relocate (sound easy when you say it quickly!), but the reality is that the house is 200 miles away from where we now live and in a nutshell we can't afford to live there. The rent is more than we pay in rent currently. Whether that is acceptable to the CWO remains to be seen. Although assistance may be available on the mortgate interest, I thought you had to negotiate with the bank and be paying interest only for a year beforehand? Granted I haven't done my research yet so could be way off but will definitely do so before meeting with the CWO.

I suppose I don't see the logic in asking us to move to another county only to ask for financial assistance there when it'll equate to the same thing - we need assistance whether here or there. If anything, a move back to our mortgaged property will cost us more money than we have by the time we leave our current rental with its tank full of oil that we've been stockpiling and paying back our tenant's deposit, which I'm ashamed to say we've spent... and the other costs associated with a house move. All with a new baby in tow. No-one's problem but our's though, I appreciate that.

Anyway, we can only hope for the best and try not to get too stressed. Another thing easier said than done though. Thanks agian for taking the time to reply to me.

Mary

There was a change in the legislation on 22nd April last which doesn't appear to have reflected on the Welfare website I linked to earlier. It took me a while to find it.

The following paragraph (in italics) was added to the regulations for Rent Supplement:

(2) It shall be a condition of any claimant’s entitlement to a supplement under
sub-article (1) that—
.....
(c) he or she has made application, on being so required by a designated person, to a housing authority for a social housing assessment within the meaning of section 20 of the Housing (Miscellaneous Provisions) Act 2009,


This appears to confirm what you've been hearing regarding application to the housing authority - apologies for any confusion.

The SI which made the change is 139/2013 and the original legislation is 412/2007.

I suggest your best course of action is to talk to the SWA officer.

That's us done for then. Thanks for taking the time to look for that gipimann. I take absolutely no pleasure in being right in this instance. I will indeed visit the CWO and see what they say. Realistically, we're in a whole lot of trouble if they don't use some sort of 'discretion' in our situation. If they can even still do that these days? Anyway, wish me luck and thanks again.