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

I move amendment No. 33:

In page 59, to delete lines 8 to 16 and substitute the following:“ “net scheme payments” means the amount payable weekly under a scheme to a relevant recipient by the Minister for Social Protection after—

(a) any deductions for the purposes referred to in section 341(7) of the Act of 2005, and
(b) the deduction of any amounts required to be deducted by an order of a court, and, in the case of deductions in respect of —

(i) rent, includes any amount specified in columns (2) to (8) of Part 1 of Schedule 2 to the Act of 2005 or columns (2) to (8) of Part 1 of Schedule 4 to that Act, or
(ii) rent arrears, excludes any amount specified in columns (3) to (8) of Part 1 of Schedule 2 to the Act of 2005 or columns (3) to (8) of Part 1 of Schedule 4 to that Act;”.

These 14 amendments relate to section 49 of the Bill, which provides for the introduction of the mandatory direct deduction of rental contributions due to housing authorities from the welfare payments of local authority tenants and tenants of HAP assisted dwellings. The amendments have been drafted in consultation with the Minister for Social Protection and will streamline the legislative provision for direct deduction to bring it into line with the legislative and operational requirements of the Department of Social Protection and tighten up appropriate references to social welfare legislation.
Amendment No. 31 replaces the definition of "net scheme payments" in the Bill. The revised definition defines net scheme payments as the amount payable to a person under a social welfare scheme after any deductions have been made in respect of social welfare overpayments and-or as required under an order of the court. The revised definition also provides clarity on the social welfare payments and amounts from which rent or rent arrears may be deducted, including the personal social welfare rate, allowances for qualified adults and dependent children and other appropriate allowances.
Amendment No. 34 defines "weekly rate" in section 49 and is consequential on the acceptance of amendment No. 41 which defines that term in subsection (4) in the manner provided for in the Social Welfare (Consolidation) Act 2005. The effect of the two amendments is to transfer the definition of "weekly rate" to a subsection dealing specifically with rent arrears thereby avoiding any suggestion that rent deductions will be similarly confined.
Amendment Nos. 35 and 36 are minor amendments which will require that upon making a rent related deduction from a social welfare payment in accordance with a request from a housing authority, the Minister for Social Protection shall, as soon as is practicable, notify that authority that the deduction or partial deduction has been made. This provision will standardise provisions in the Bill relating the function of the Minister for Social Protection in notifying the housing authority of deductions made or not made in accordance with section 49. The amendments are linked to amendment No. 46 which provides access for housing authorities to information held by the Minister for Social Protection as to why rent related deductions might not have been fully made from social welfare payments.
Amendment No. 37 is a minor amendment to section 49(3)(c) which is necessary to take account of systems limitations in the Department of Social Protection which cannot automatically provide the amount of social welfare overpayment being deducted by the Department and for how long that will continue. As amended, subsection (3) will require that the Minister for Social Protection notify the authority concerned that a deduction has not been made. As with the previous two amendments, amendment No. 37 is linked to amendment No. 46 providing access for housing authorities to information that would allow them to assess the level and extent of overpayments in this regard.
Amendments Nos. 38 and 39 are linked technical amendments which delete the reference to an end date for a rent arrears deduction to take account of the new subsection (6) which it is proposed to insert in section 49 by way of amendment No. 45. The new subsection (6) deals comprehensively with the circumstances in which a housing authority request for a rent related deduction will cease to have effect.
Amendment No. 41 defines the term "weekly rate" in subsection (4) in the manner provided for in the Social Welfare (Consolidation) Act 2005 and, in effect, replaces the definition of that term in section 49(1), which is proposed to be deleted by way of amendment No. 34. The effect of the two amendments is to transfer the definition of "weekly rate" to a subsection dealing specifically with rent arrears, thereby avoiding any suggestion that rent deductions will be similarly confined.
Amendments No. 42 and 44 are minor amendments which will require that upon making a deduction in respect of rent arrears from social welfare payments in accordance with a request made by a housing authority, the Minister for Social Protection shall as soon as practicable notify the authority that the full deduction, partial deduction or no deduction has been made. This provision will standardise provisions in the Bill relating to the function of the Minister for Social Protection in notifying the housing authority of deductions made or not made in accordance with section 49. The amendments are linked to amendment No. 46 which provides access for housing authorities to information held by the Minister for Social Protection as to why rent related deductions might not have been fully made from social welfare payments.
Amendment No. 43 deletes paragraphs (b) and (c) of section 49(5) of the Bill as published. Section 49(5)(b) of the Bill mirrors a corresponding provision in the Social Welfare (Consolidation) Act 2005 in respect of deductions relating to social welfare overpayments and would allow the Minister for Social Protection to deduct rent arrears in excess of 15% of the personal rate where the social welfare recipient consented to the deduction. I have reviewed the provision in consultation with the Minister for Social Protection and decided to delete it on the basis that it could place the social welfare recipient at risk of destitution.
Amendment No. 45 proposes to insert a new subsection (6) into section 49 dealing comprehensively with the circumstances in which a housing authority request for a rent related deduction will cease to have effect. This will occur either when the housing authority terminates the request or submits a new request in respect of the same social welfare recipient or on the second anniversary of the start date specified in the request. Ultimately, the amendment will avoid the possibility of a deduction continuing to be made indefinitely through the failure of a housing authority to terminate or replace the deduction request.
Amendment No. 46, to which I have already referred provides that where the Minister for Social Protection is required to notify a housing authority of the amount of a deduction in respect of rent or rent arrears which has not been made, the Minister will enable the authority concerned to access relevant information on the deduction in the manner and for a period to be agreed between the Minister for Social Protection and me.
Amendment No. 47 proposes to amend section 49(11) to reflect the fact that the effluxion of time is only one reason for which the Minister for Social Protection may not be able to duly pay the balance of net scheme payments to a relevant recipient. If made, the amendment will allow the provision to apply regardless of the particular circumstances in which the balance of net scheme payments is not paid duly out to a relevant recipient.
Unfortunately, I cannot accept Deputy Catherine Murphy's amendment No. 40 as the ceiling in the Bill of 15% of the weekly personal rate of a social welfare recipient for deductions in respect of social welfare overpayments and rent arrears is the same as the ceiling for recovery of social welfare overpayments only in the Social Welfare (Consolidation) Act 2005.