John Perry (Sligo-North Leitrim, Fine Gael)

I will do my best, Senator.

I am taking this Adjournment matter on behalf of the Minister for Social Protection, Deputy Joan Burton, who sends her apologies for not being in a position to reply to the Senator. The purpose of the rent supplement scheme is to provide short-term income support to assist with reasonable accommodation costs of eligible people living in private rented accommodation who are unable to provide for their accommodation costs from their own resources and who do not have accommodation available to them from another source. The overall aim is to provide short term assistance and not to act as an alternative to the other social housing schemes operated by the Exchequer.

New maximum rent limits came into force on 1 January 2012 and are in place until June 2013. These new limits are in line with the most up to date market data available. The emphasis of the rent limit review was to ensure that maximum value for money for tenants and the taxpayer was achieved while at the same time ensuring that people on rent supplement are not priced out of the market for private rented accommodation.

Rent supplement is subject to a limit on the amount of rent that an applicant may incur. The general practice is that rent supplement is not paid where the rent is above the relevant limit. However, regulations provide that a supplement may be paid in cases where the circumstances so warrant. Guidelines are issued to determining officers to provide guidance as to the circumstances in which a rent supplement may be paid where the relevant limits are exceeded. The guidelines are as follows.

Where there are special housing needs related to exceptional circumstances, in particular, for example, a person with a disability in specially-adapted accommodation or homeless persons whose housing needs cannot be met within the standard terms of the rent supplement scheme etc; where the person concerned is entitled to an income disregard and has sufficient income to meet his or her basic needs after paying rent, taking into account the appropriate rate of rent supplement that is otherwise payable in the case. Sufficient income in this context means the relevant basic supplementary welfare allowance rate less the prescribed minimum contribution to rent; where the tenant will be in a position to re-assume responsibility for his or her rent within a short period. For this purpose, a guideline period of no longer than six to eight weeks is suggested but where there are exceptional circumstances, an extension up to a total of 12 weeks may be allowed; where an existing claim is under review, the rent paid to the landlord is in excess of the prescribed limit and the lease agreement is not for immediate renewal, staff may use their discretionary powers and pay rent supplement based on the rate quoted within the lease agreement for up to 13 weeks. They may further use their discretion, and extend the 13 week period in circumstances where the lease agreement will expire within a reasonable timeframe, or; the termination of the lease agreement may give rise to onerous penalties payable by the applicant, or; the minimum notice within the lease agreement, that a tenant must provide a landlord to vacate the property, is in excess of the 13 week period. Appeals officers examine each case to determine the most appropriate response having regard to the particular circumstances of the case.

I suggest the Senator advise the family to go to the local appeals officer who has discretion and their very clear circumstances may be facilitated.