Éamon Ó Cuív (Galway West, Fianna Fail)

That is one of the issues I intend to examine. Rent supplement, by its nature, should be a measure that would not extend beyond 18 months, and I am examining that issue. Rent supplement is an assistance to tenants who rent private accommodation and the fundamental relationship is between the tenant and the landlord; the HSE is not tenant in such cases.

I agree in principle with the point made about using PRSI numbers. One of the first questions I asked when I came into this Department was why do we not request the PRSI numbers of all those concerned. The number of PRSI numbers we get is small, although we carry out data matching. We provide all the data to Revenue and match it with that held by Revenue. I understand the level of tax compliance is very high, but that is not good enough.

I will examine a mechanism to ensure that every landlord has to provide a PPS number. Issues have been raised with me about the relationship between the tenant and the landlord and with the HSE being at one remove but I do not accept that because PPS numbers are required in other circumstances such as in the case of applications for grants and so on where the relationship is at one remove. I will pursue that issue with vigour.

An issue was raised by Deputy Shortall concerning the rent supplement scheme. Payment of rent supplement in advance can be made at the discretion of the community welfare officers in certain circumstances and based on the individual needs of the case. The discretionary power ensures that individuals with particular needs can be accommodated within the scheme and it specifically protects against homelessness. In 2010 there were 119 instances countrywide of the payment of rent being made in advance at a cost of some €66,800. A discretionary payment can also be made to cover rent deposit if needed. There were more than 12,000 such payments in 2009 at a cost of €6.5 million. In a case where such payment in advance is necessary, it can be made.

In principle it is good that people have to register with the PRTB. It is a legal obligation. The PRTB should be vigorous in pursuing that. Not all tenancies are required to be registered with the PRTB - there are some exceptions. It is not a requirement of the rent supplement scheme that landlords must be registered with the PRTB before rent supplement is paid to a tenant. The Department has received legal advice to the effect that rent supplement is the property of the tenant, not the landlord. The Department has received further legal advice that the contract between the landlord and the tenant is not affected by non-registration of a tenancy. Termination of payment of rent supplement to a tenant would have the likely effect of rendering a tenant unable to meet his or her legal obligations under the tenancy. Therefore, non-registration by the landlord should not in itself extinguish the tenant's entitlement to rent supplement.

I do not wish to penalise tenants for the failure of individual landlords to meet their statutory obligations. However, 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 Department will continue to work closely with the board to assist it in exercising these powers.

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