Damien English (Meath, Fine Gael)
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Question 400: To ask the Minister for Social and Family Affairs his plans to review the system for making child benefit payments in order to make it easier for fathers to claim the payment. [4062/07]

Séamus Brennan (Dublin South, Fianna Fail)
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Child benefit (CB) is currently paid to one parent with priority given to the mother in determining which parent is entitled to the benefit, although payment may be transferred to the child's father with the mother's consent. Where parents are separated, payment is made to the parent with whom the child resides for the majority of the time. CB is paid to the child's mother in cases of joint equal custody.

In the context of significant social changes which have taken place in recent years, a number of issues have arisen in relation to the rules which govern the payment of child benefit. These rules are currently being reviewed within my Department.

In addition, my Department is engaged in carrying out a technical review of the entire social welfare code to examine its compatibility with the Equal Status Act 2000 (as amended). The review will examine the schemes and services provided for both in social welfare legislation, including child benefit, and the administrative schemes operated by the Department. It is intended to identify any instances of direct or indirect discrimination on any of the nine grounds under the Act, including gender, marital status and family status, where such discrimination is not justified by a legitimate social policy objective or where the means of achieving that objective are either unnecessary or inappropriate.

John Gormley (Dublin South East, Green Party)
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Question 401: To ask the Minister for Social and Family Affairs if his attention has been drawn to a situation (details supplied); if his Department is responsible for resolving such situations; if he has powers to ensure the landlord acts to resolve the situation; and if he will make a statement on the matter. [4182/07]

Séamus Brennan (Dublin South, Fianna Fail)
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The supplementary welfare allowance scheme, which is administered on behalf of my Department by the Health Service Executive, provides for the payment of a weekly or monthly supplement in respect of rent to eligible tenants in the State whose means are insufficient to meet their accommodation needs.

In order to qualify for rent supplement a tenant must satisfy a number of conditions. They must be a bona fide tenant, must be habitually resident in the State, must have a housing need and must satisfy a means test. In addition, the Executive must be satisfied that the accommodation is suited to the persons needs and the rent payable is within the prescribed limits.

Under the Residential Tenancies Act 2004, tenants must satisfy a number of obligations including not engaging in or allowing anti-social behaviour. Prohibited anti-social behaviour includes behaviour that interferes with other people's peaceful occupation as well as more serious behaviour that causes fear, danger, injury, damage or loss. Under the Residential Tenancies Act, the landlord must also satisfy a number of obligations including the enforcement of the tenant's obligations.

Accordingly, in the case of private rented accommodation, anti social behaviour by a tenant is a matter for the landlord in the first instance. There are a number of avenues open to landlords in such cases, including the mediation service for landlords and tenants operated by the Private Residential Tenancies Board. If necessary, the landlord may seek termination of the tenancy which, if implemented, would result in the termination of rent supplement.

If the landlord does not enforce the tenant's obligations, any other person who is adversely affected as a result can bring a complaint to the Private Residential Tenancies Board about the failure.