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Case Study: Local authorities used outdated circular for deciding ‘right to reside’ and entitlement to housing support
Published on
Last updated on
Published on
Last updated on
Maria, who is a European Union citizen, had been living in Ireland for just over a year when her husband died of COVID-19 related complications. Following his death, Maria applied to Roscommon County Council for social housing support but her application was refused as it said she could not prove that she had a ‘right to reside’ in Ireland.
In order to be eligible for social housing support, the applicant must have a long-term ‘right to reside’ in Ireland. In deciding whether an applicant has a ‘right to reside’ in Ireland, local authorities have been guided by Housing Circular 41/2012. This circular provides that citizens of the European Union can only access social housing support in Ireland if they are ‘actively employed’ in Ireland, or, if they are not working at that time, if they have been employed for longer than a year. The Council had refused Maria’s application, as she had not been ‘employed’ in Ireland for 52 weeks.
However the circular was inconsistent with Irish and EU law under which a person can establish a ‘right to reside’ in Ireland in a number of ways. Maria had a number of grounds on which she could establish a ‘right to reside’. Maria’s husband was employed in Ireland at the time of his death, and their child was enrolled in an Irish school.
The Ombudsman believed that the means by which the woman could be considered as having a right to reside permanently in Ireland were being overlooked by the Council because they were not explicitly recognised in Housing Circular 41/2012. The circular, published in 2012, had not been updated to meet the provisions set out in SI 548/2015 European Communities (Free Movement of Persons), and did not provide sufficient guidance to local authorities on all of the avenues through which a person may establish a right to reside.
The Ombudsman raised his concerns with Roscommon County Council and the Department of Housing, Local Government and Heritage.
The Council decided to reassess Maria’s application for social housing support. In addition, the Department of Housing, Local Government and Heritage contacted all local authorities and advised them of the need to have regard to SI 548/2015 in their decision-making. The Ombudsman also understands that the Minister for Housing, Local Government and Heritage intends to bring forward legislation regarding eligibility of non-Irish nationals for social housing, including provision for ‘legal residence’ as an eligibility criterion in any assessment for social housing support.