Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Question 153: To ask the Minister for Social and Family Affairs if he will further raise the existing caps on rent supplementation to reflect real market costs to increase access to the private rented sector; and if he will make a statement on the matter. [35259/07]

Martin Cullen (Waterford, Fianna Fail)
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Rent supplement, which is administered on my behalf by the Health Service Executive as part of the supplementary welfare allowance scheme, is subject to a limit on the amount of rent that an applicant may incur. Rent limits are set at levels that enable different eligible household types to secure and retain basic suitable rented accommodation, having regard to the different rental market conditions that prevail in various parts of the State. The objective is to ensure that rent supplement is not paid in respect of overly expensive accommodation having regard to the size of the household.

Setting maximum rent limits higher than are justified by the open market would have a distorting effect on the rental market, leading to a more general rise in rent levels. This in turn would worsen the affordability of rental accommodation unnecessarily, with particular negative impact for those tenants on lower incomes, including people in low wage employment. In January 2007, a review was completed of the maximum levels of rent which a person may incur and still be eligible to receive rent supplement. The purpose of the review was to inform the process of setting new limits, applicable from January 2007 until 30 June 2008.

The review included consultation with the HSE, the Department of Environment, Heritage and Local Government, the Central Statistics Office, the Private Residential Tenancies Board and voluntary agencies working in this area. This process ensures that the new rent limits reflect realistic market conditions throughout the country. Arising from the review, rent limits were adjusted upwards, from January 2007, for a number of household types in 14 counties. Notwithstanding existing rent limits, the Health Service Executive may exceed these limits in certain circumstances — for example, if there is special housing need related to exceptional circumstances. The discretionary power ensures that individuals with particular needs can be accommodated within the scheme and specifically protects against homelessness. I intend to have rent limits reviewed this year with a view to implementing any revision found to be necessary, from 1 July 2008. A consultative approach will be used to conduct this review.

Brian O'Shea (Waterford, Labour)
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Question 154: To ask the Minister for Social and Family Affairs if the review of guardian's payment carried out by his Department has been completed; and the main conclusions reached. [5255/08]

Martin Cullen (Waterford, Fianna Fail)
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The Guardians' payment schemes allow for the provision of a weekly allowance to a guardian of a child who has either been orphaned or whose parents have deserted and failed to provide for the child. The review of the Guardians' payment within my Department commenced in late 2006 and involved a detailed analysis of a large sample of guardians' payment files. Statistics recovered from the review gave an interesting perspective to the types of families supported by the scheme. The review suggested that almost 86% of the recipients of guardians' payments were relatives of the children for whom payment was claimed.

In half the cases surveyed, the mother of the child was deceased. This figure for fathers was almost 30%. In addition, the review suggested the involvement of HSE social workers in some 40% of cases, with ongoing HSE involvement in approximately 27% of cases. Some 60% of claims were determined within two months of application. Issues emerging from the review are being discussed in my Department and with the relevant officials from other Departments. It is my hope that proposals for improving the scheme will be forthcoming later this year.

Michael D Higgins (Galway West, Labour)
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Question 156: To ask the Minister for Social and Family Affairs if he is satisfied that the test of the habitual residence condition is being applied evenly and consistently. [5254/08]

Martin Cullen (Waterford, Fianna Fail)
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The requirement to be habitually resident in Ireland was introduced as a qualifying condition for certain social assistance schemes and child benefit with effect from 1 May 2004. It was introduced in the context of the Government's decision to open the Irish labour market to workers from the 10 new EU Member States, without the transitional limitations which were imposed at that time by most of the other Member States. The effect of the condition is that a person whose habitual residence is elsewhere is not normally entitled to social welfare assistance or child benefit payments on arrival in Ireland.

Under Social Welfare legislation, decisions in relation to all aspects of claims are made by statutorily appointed Deciding Officers. Each case received for a determination on the Habitual Residence Condition is dealt with in its own right and a decision is based on application of the legislation and guidelines to the circumstances of each case. Decisions on Supplementary Welfare Allowance are made by Community Welfare Officers from the Health Service Executive. Any applicant who disagrees with the decision on a case has the right to request a review of that decision and/or appeal to the independent Social Welfare Appeals Office.

While decisions to the effect that applicants satisfy the habitual residence condition can be made in the vast majority — over 90% — of cases at claim acceptance stage on the basis of answers given on the primary claim forms, complex cases are examined in more detail. Claims involving complex HRC issues are assessed and decided in all scheme areas within my Department by a small number of deciding officers who are experienced and fully familiar with the issues involved for each scheme in regard to the habitual residence condition. I am satisfied that this arrangement contributes greatly to accuracy and consistency in the decision-making process. Arising from a review of the operation of the habitual residence condition which was carried out in 2006, revised and expanded guidelines for claims decisions staff on the application of the habitual residence condition are nearing completion, in consultation with management in the various scheme areas.

Following final clearance, the revised guidelines will be made available to all relevant staff and published on the Department's website, www.welfare.ie. As an additional support, and to maintain standards of accuracy and consistency, on completion of the revised habitual residence condition guidelines, arrangements will be made to provide training and/or briefings as appropriate to decisions staff within my Department and within the Health Service Executive.