John Perry (Sligo-Leitrim, Fine Gael)
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Question 400: To ask the Minister for Social and Family Affairs the reason the rent allowance has been refused for persons (details supplied) in County Leitrim; if he will have it reinstated; and if he will make a statement on the matter. [37696/06]

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. Under standard SWA rules, rent supplements are normally calculated to ensure that a person, after the payment of rent, has an income equal to the rate of SWA appropriate to their family circumstances less a minimum contribution, currently €13, which recipients are required to pay from their own resources. The SWA rate for a couple with no dependants is €275.80 per week. Many recipients pay more than €13 because they are also required, subject to income disregards, to contribute any additional assessable means they have over and above the appropriate basic SWA rate towards their accommodation costs. The Executive has been contacted regarding the persons in question and has advised that rent supplement was refused in this case as their additional assessable means exceeded the amount of their accommodation costs. After paying their rent, their net income is in excess of the rate of SWA appropriate to their family circumstances. It is open to the person concerned to appeal this decision to the designated Appeals Officer within the Health Services Executive.

Willie Penrose (Westmeath, Labour)
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Question 402: To ask the Minister for Social and Family Affairs the legislative provision which specifies that widow or widowers can only receive the half rate of disability benefit for a maximum period of 15 months irrespective of the fact that they remain indisposed and submit relevant medical certificates to his Department; and if he will make a statement on the matter. [37854/06]

Séamus Brennan (Dublin South, Fianna Fail)
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There is a general rule in the social welfare code whereby a person who is entitled to more than one income maintenance payment at any one time may only receive one of the payments. This is designed to ensure that limited resources are not used to make two income support payments to any one individual. However, there are some exceptions to this rule, including the payment of half-rate illness benefit concurrently with widows and widowers pension for 15 months if a person is medically unfit for work and satisfies the relevant PRSI contribution conditions. The legislation which provides for the payment of half rate illness benefit (or jobseeker's benefit) to recipients of widows or widowers pension or One-Parent Family payments for a period of 15 months is the Social Welfare (Consolidated Payments Provisions), Regulation 1994 (S.I. No. 417/94) Article 27 (as amended). Claimants are advised to continue to submit medical certificates after their payment has ceased while they remain unfit for work. PRSI credits will be allowed in respect of these certificates which may protect their rights to future payments. These provisions discriminate positively in favour of widowed people and other one parent families. In the circumstances, I am satisfied that the current arrangements for payment of illness benefit in addition to widow or widower's pension are reasonable.