Kevin Humphreys (Dublin South East, Labour) | Oireachtas source

The High Court judgment did not find that the scheme as operated denies children their right to care of both their parents. As acknowledged in the judgment, the legislation provides that decision makers must have due regard to the circumstances of an individual and the relationship with his/her children in terms of financial and material support and dependency. In this particular case, however, the judge considered that the decision makers did not have regard to certain specified matters relating to financial and material support in deciding the case and remitted the matter to be reconsidered in the light of those issues.

The Department is reviewing the implications of the case and, if appropriate, revised guidelines will issue to staff. There are many criteria applying to rent supplement. Where there is a need, that is assessed and dealt with. It is not the Department's policy unilaterally to refuse rent supplement to fathers who have shared custody for anything other than a one-bedroom unit. Every claim for rent supplement is determined having regard to the particular circumstances of the applicant. We are currently reviewing the implications of the case and we will revisit the guidelines and re-issue them to staff where necessary.

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