Bernard Durkan (Kildare North, Fine Gael)
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Question 73: To ask the Minister for Social Protection the level of jobseeker's allowance payable in the case of persons (details supplied) in County Kildare; if he will facilitate an appeal; and if he will make a statement on the matter. [46614/10]

Éamon Ó Cuív (Galway West, Fianna Fail)
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The weekly rate of jobseeker's allowance payable to the person concerned is €73.90. Means from his part-time work and his partner's employment are deducted from his weekly rate of payment.

If the person concerned is unhappy with the means assessment it is open to him to lodge an appeal to the Social Welfare Appeals Office.

Jan O'Sullivan (Limerick East, Labour)
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Question 74: To ask the Minister for Social Protection the responsibilities, if any, community welfare officers have to ensure that those in receipt of rent allowance are receiving their allowance for accommodation that is registered with the Private Residential Tenancies Board; and if he will make a statement on the matter. [46651/10]

Éamon Ó Cuív (Galway West, Fianna Fail)
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The registration of a tenancy with the PRTB is not a qualifying condition for entitlement to rent supplement and I have no plans in making this a requirement for the scheme.

Under the Residential Tenancies Act 2004, landlords are legally obliged to register tenancies with the Private Residential Tenancies Board (PRTB). Not all tenancies are required to be registered with the PRTB as the relevant legislation, the Residential Tenancies Act, provides for certain exceptions:

Ø Business premises, even where partly residential

Ø A dwelling to which Part II of the Housing (Private Rented Dwellings) Act 1982 applies (i.e. formerly rent controlled dwelling occupied by the "original tenant or his/her spouse) or to which Part II of the Landlord and Tenant (Amendment) Act 1980 applies (i.e. long occupation equity lease tenancies)

Ø A dwelling let by a local authority or voluntary housing body

Ø A dwelling occupied under a shared ownership lease

Ø A holiday let

Ø A dwelling in which the landlord is also resident

Ø A dwelling in which the spouse, parent or child of the landlord is resident and there is no written lease or tenancy agreement

Ø A dwelling that is occupied rent free

Where registration is required, the landlord has up to one month after the commencement of the tenancy to register it with the PRTB at the standard fee and longer to register at a higher fee.

It is not, therefore, practical for the Department to insist that a tenancy be registered before rent supplement can be paid to the tenant as the establishment of the tenancy will be dependent on rent supplement being awarded.

The Department works closely with the Private Residential Tenancies Board (PRTB) to help ensure that rent supplement tenancies comply with the statutory system of tenancy regulation and safeguards. The Department advises the PRTB of all new rent supplemented tenancies to assist them in implementing tenancy regulations and co-operates in any initiatives taken by the PRTB to ensure compliance with the provisions of the Residential Tenancies Act.

It is accepted that there is a need to ensure that all landlords, including those renting out property to people in receipt of rent supplement, comply with the terms of the Residential Tenancies Act. The PRTB has been given powers to deal with unregistered landlords and the information provided by the Department to the Board should help them to exercise these powers, while not placing rent supplement recipients in an unworkable and vulnerable position.

There is a statutory requirement on a landlord to register a tenancy with the PRTB. Imposing a requirement on a landlord to notify the Department of registration of a tenancy with the PRTB would be a duplication of functions between State agencies and is considered unnecessary.