Michael Ring (Mayo, Fine Gael)
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Question 338: To ask the Minister for Social and Family Affairs the reason a person (details supplied) in County Mayo was refused unemployment assistance or benefit; if that person will be considered for farm assist; the further reason more help was not offered to the person in view of the circumstances of the case; and if he will make a statement on the matter. [3925/06]

Séamus Brennan (Dublin South, Fianna Fail)
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The person concerned exhausted his entitlement to unemployment benefit on 2 March 2005. He applied for unemployment assistance from 3 March 2005. Several letters were issued to him requesting details of his efforts to find work. When no response was received, a deciding officer closed the claim. A letter advising the person concerned of that decision was issued to him on 3 May 2005.

The person concerned has been contacted by telephone and an application for farm assist, with effect from 3 March 2005, has been completed on his behalf. When a decision has been made on that claim, the person concerned will be contacted by phone and informed of the outcome.

Under social welfare legislation, decisions regarding claims must be made by deciding officers and appeals officers. Those officers are statutorily appointed, and I have no role in making such decisions.

Bernard Durkan (Kildare North, Fine Gael)
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Question 339: To ask the Minister for Social and Family Affairs when rent assistance will be restored to a person (details supplied) in County Kildare; and if he will make a statement on the matter. [4007/06]

Séamus Brennan (Dublin South, Fianna Fail)
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The supplementary welfare allowance scheme, which includes rent supplement, is administered on my behalf by the community welfare division of the Health Service Executive. Neither I nor my Department has any function regarding decisions on individual claims.

Section 195(b) Social Welfare (Consolidation) Act 2005 provides that the HSE may decide that a person is not entitled to SWA where it considers a person not to be genuinely seeking employment.

Section 195(c) Social Welfare (Consolidation) Act 2005 provides that the HSE may also decide that a person is not entitled to SWA, unless the person applies for any statutory benefits or assistance to which the person may be entitled.

The Dublin and mid-Leinster area of the executive has advised that the person concerned was paid basic SWA while awaiting the outcome of a claim for unemployment assistance and that he was also paid a rent supplement. His application for unemployment assistance was refused, as he was deemed not to be genuinely seeking work. That decision was upheld on appeal by the independent Social Welfare Appeals Office.

Having regard to the new circumstances of the case, the HSE decided that the person concerned no longer satisfied the qualification criteria for SWA, as it too considered the person not to be genuinely seeking employment. Accordingly, payment of his basic SWA and rent supplement claims was terminated. The person concerned subsequently appealed that decision to the designated appeals officer in the HSE, but the decision was upheld by the appeals officer.

If the person in question is not satisfied with the decision of the HSE appeals officer, he may appeal that decision to the independent Social Welfare Appeals Office.