Jan O'Sullivan (Limerick City, Labour) | Oireachtas source

I move amendment No. 31:

In page 59, between lines 4 and 5, to insert the following:
“Definition (Part 5)
49. In this Part “Act of 2005” means the Social Welfare Consolidation Act 2005.”.

These are four linked amendments with amendment No. 48 being the substantive amendment. That amendment inserts a new section 50 into the Bill making a range of amendments to the Social Welfare Consolidation Act 2005 that are required as a result of the introduction of the new housing assistance payment, HAP, scheme.
Subsection (1) of the proposed new section 50 of the Bill amends section 196 of the 2005 Social Welfare Act as a consequence of the provision in Part 5 of the Bill for the introduction of mandatory direct deduction of rental of rental contributions due to housing authorities from the welfare payments of local authority tenants and tenants of HAP-assisted dwellings. The amendment to section 196 of the 2005 Act will ensure that persons cannot, as a result of meeting their social rent liability, rent or rent arrears through direct deductions from their social welfare payment, claim supplementary welfare allowance as a consequence of meeting this cost.
Subsection (2) of the proposed new section 50 of the Bill amends section 198 of the 2005 Social Welfare Act. Section 198(3F) provides for the entry points for rent supplement. Paragraph (a) of that enactment currently provides that those who qualify for social housing support have an entitlement to rent supplement. The proposed amendment provides that where HAP is in place in a local authority area for the class of household that has been prescribed under section 48 of the Bill, of which the rent supplement applicant is a member, those customers will no longer have an entitlement to rent supplement but instead must be accommodated under the HAP scheme. If HAP is not in place in a given local authority area, and HAP is being introduced on a phased basis, qualifying for social housing support will continue to be an entry point to rent supplement.
Rent supplement will always continue to be paid to clients already in the private rented sector but who, generally because of a loss of income through unemployment, require short-term income support to pay their rent. Rent supplement will therefore over time return to its original intention of being a short-term payment.
The amendment at subsection (3FA) will remove entry to the rent supplement scheme for persons with long-term housing needs who have been deemed by a housing authority to be qualified for social housing support under a social housing assessment pursuant to section 20 of the Housing (Miscellaneous Provisions) Act of 2009. This amendment will also remove entry to the rent supplement scheme for persons residing in homeless accommodation or in an institution for periods of at least six of the previous 12 months where these categories of household have been deemed qualified by a housing authority for social housing support within the previous 12 month period.
Subsection (3F) is amended to clarify that access to rent supplement is closed to those deemed to be qualified for social housing support by a housing authority but that this closure is dependent on the local authority concerned being specified in regulations to apply Part 4 of the Housing (Miscellaneous Provisions) Act of 2014. By inserting "subject to subsection (3FB)", the legislation allows for the fact that HAP will be phased in across local authorities in stages.
Subsection (3F)(a) is to be inserted after subsection (3F) as a transitional measure to protect existing rent supplement recipients in local authority areas when HAP is available. This provision is to protect those who change address or who leave rent supplement for short periods, for example, to take up employment or educational opportunities.
Subsection (3FC) stipulates that rent supplement will be closed to those who have been residing in homeless accommodation or an institution for a prescribed period if they have been assessed as being qualified for social housing under a social housing assessment pursuant to section 20 of the Housing (Miscellaneous Provisions) Act 2009
Subsection (3) of the proposed new section 50 of the Bill inserts new subsections (3G) and (3H) into section 198 of the 2005 Act. To facilitate the transition of long-term rent supplement recipients to the housing assistance payment, it is necessary to prescribe the duration a person is on rent supplement before they are required to apply to a local authority for social housing support. As a consequence of a housing needs assessment, this period will be prescribed in secondary legislation and will be agreed by both the Department of Social Protection and the Department of the Environment, Community and Local Government.
Subsection (3G) has been inserted to allow a designated person in the Department of Social Protection insist, after a prescribed period, that a rent supplement recipient applies for a housing needs assessment and provides proof of the application within a six week period. Sub-paragraph (3G)(a)(iii) confirms that if this proof of application is not received, ongoing entitlement to rent supplement will cease.
Sub-paragraph (3G)(a)(ii) has been inserted to allow a designated person to give a further six weeks, a total of 12, to a rent supplement recipient to provide proof of a housing needs assessment application if they deem it justified. If the proof is not received within this further six weeks period, sub-paragraph 3G(a)(ii) allows for the cessation of the rent supplement.
Subsection (3G)(b) is necessary to allow for the cessation of a rent supplement payment if the relevant housing authority informs the designated person that a rent supplement recipient has not provided, within the allotted timescale, additional information requested by them to properly carry out a housing needs assessment. I am sorry, Chairman. I have a little more detail.