Jan O'Sullivan (Limerick City, Labour)
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We removed a proposed provision whereby with the person's consent the Department could go over 15%. We have, therefore, recognised that we do not want to put people into poverty. Under the social welfare code, the Department of Social Protection can take 15% to recover money that it is owed. We are mirroring that in the Bill.

To clarify for Deputy Murphy, it is 15% of the personal rate, not 15% of the total including the portion for the children. It is just the personal rate. In practice, the maximum deduction that could be made for social welfare overpayment and rent arrears under the ceiling varies from €27.90 per week for a person on supplementary welfare allowance to €34.55 per week for a person in receipt of a contributory State pension. They are the lower and upper social welfare payments that currently exist. The 15% ceiling was set in consultation with the Attorney General's office as a realistic rather than a punitive limit on the deduction concerned.

We are talking about households on low incomes and taking money back from them, but the reality is that these new HAP rents will be set on the basis of income. The intention is, first, that people would not fall into arrears. However, while nobody wishes to take extra money from people on social welfare, the reality is that where people owe money there must be some mechanism to deal with that. Fifteen percent is the standard percentage used under the social welfare legislation as well.