Written answers

Tuesday, 14 December 2010

Department of Social and Family Affairs

Social Welfare Code

10:00 am

Photo of Ciarán LynchCiarán Lynch (Cork South Central, Labour)
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Question 233: To ask the Minister for Social Protection further to Parliamentary Question No. 1258 of 29 September 2010, if he will review the rejection of an appeal in respect of a person (details supplied); if he will consider that the appeals officer refers to the close proximity of the separated parents' accommodation while, in reality, they live at opposite sides of the city; if he will consider that where each party has custody for 50% of the time one party is judged to have no obligation to provide accommodation; if he will indicate in cases of joint custody, where rent allowance is paid to one party only, the percentage of cases it is paid to the father only; and if he will make a statement on the matter. [47171/10]

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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Supplementary welfare allowance scheme is administered by the Health Service Executive (HSE) on behalf of the Department. Neither I nor my Department has any input into individual decisions.

The HSE has advised that the person concerned was refused a rent supplement on the grounds that his rent was in excess of the limit prescribed for his family circumstances. The HSE has further advised that this decision was upheld by the HSE's designated Appeals Officer and that this decision was subsequently upheld also by the Social Welfare Appeals Office.

As I stated in my previous reply every claim for rent supplement is determined by the HSE having regard to the particular circumstances of the applicant. Any person seeking a rent supplement must first satisfy the Executive that they have a housing need that they are unable to meet from their own resources. In addition, the Executive must be satisfied that the residence is reasonably suited to the residential and other needs of the claimant. In a case where parents have joint custody of a child, the needs of both parents to have adequate accommodation to look after the child are taken into account by the Executive when an application for a rent supplement is being determined.

It is open to the person concerned to apply for rent supplement in respect of accommodation below the prescribed rent limit.

There are no statistics available on the payment of rent supplement in relation to household affected by joint custody orders.

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