Written answers

Tuesday, 26 February 2008

Department of Social and Family Affairs

Social Welfare Benefits

9:00 pm

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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Question 259: To ask the Minister for Social and Family Affairs if he plans to extend the free travel scheme to include the use of the Air Link bus to Dublin Airport; and if he will make a statement on the matter. [7449/08]

Photo of Martin CullenMartin Cullen (Waterford, Fianna Fail)
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My Department operates the free travel scheme which provides free travel on the main public and private transport services for those eligible under the scheme. These include road, rail and ferry services provided by companies such as Bus Átha Cliath, Bus Éireann and Iarnród Éireann, as well as Luas and services provided by over 80 private transport operators.

Airlink Services are not covered by the free travel scheme. However, there are several other buses serving Dublin airport from the city centre, such as the 16A, on which the free travel pass can be used. So there is no question of pass holders having to pay to access Dublin airport by public transport.

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)
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Question 260: To ask the Minister for Social and Family Affairs if, in relation to rent allowance provided by Health Service Executive community welfare officers the HSE inspects a premises before awarding rent allowance; the HSE requires the landlord to furnish a tax clearance certificate before awarding rent allowance; if not the reason for same; if the HSE will deal with complaints of anti-social behaviour from residents associations in relation to rent allowance tenants; if the HSE exchanges information with the Private Residential Tenancies Board in relation to payments to landlords; and if the HSE exchanges information with the local authority in relation to inspections of standards in rented accommodation. [7512/08]

Photo of Martin CullenMartin Cullen (Waterford, Fianna Fail)
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The supplementary welfare allowance scheme, which includes rent supplement, is administered on my behalf by the Community Welfare Service of the Health Service Executive. The purpose of the rent supplement scheme is to provide short-term income support to eligible people living in private rented accommodation whose means are insufficient to meet their accommodation costs and who do not have accommodation available to them from any other source. Rent supplement recipients who have a long-term housing need are being transferred to the Rental Accommodation Scheme (RAS) operated by the local authorities.

In order to qualify for a rent supplement a person must satisfy a means test and be habitually resident in the State. The Executive must satisfy itself also that the applicant has a genuine accommodation need for which he or she cannot provide, that a bona fide tenancy arrangement exists between the applicant and the landlord and that the property being rented is suitable to his or her needs.

In determining whether the accommodation is suited to the person's accommodation needs, the Executive must establish the household composition, the size of the accommodation unit and identify any special needs that the person may have. As part of this process, the Executive may carry out a visit to the residential premises in question. This home visit may also be used to confirm the applicant's residence at the address in question.

The Executive may consider that a property is not suited to the applicant's needs if the accommodation does not comply with housing regulations. Enforcement of such regulations is a matter for Local Authorities rather than the Community Welfare Service and Community Welfare Officers are not qualified to undertake this work. However, payment of rent supplement may be withheld where the Executive has been notified by a housing authority regarding non-compliance with housing standards.

Where a notification is received from a housing authority in respect of an existing tenant, the Executive would normally discuss the situation with the tenant and take whatever action it decides is necessary in the best interests of the tenant. The objective is to ensure that substandard accommodation does not come within rent supplementation.

The Executive has provided data to local authorities in relation to all long-term recipients of rent supplement as part of the implementation of RAS. Over 30,000 cases have been notified to date. The local authorities inspect all such accommodation before accepting it into RAS to ensure it conforms to the relevant standards.

In relation to landlord taxation matters, it is the tenant, not the landlord, who makes the application for rent supplement. Payment of rent supplement is made to the tenant in most cases and rent supplement, if awarded, is the property of the tenant in all cases. The tenant is an uninvolved third party insofar as the landlord's relationship with Revenue is concerned. It is not a requirement that the tenant's landlord must produce a tax clearance certificate before rent supplement is paid to a tenant as it would be inappropriate to insert the tenant, particularly vulnerable tenants, into the relationship between Revenue and the landlord.

However, my Department co-operates closely with the Revenue Commissioners in relation to taxation. It has provided, on an annual basis for many years, details of landlords whose tenants receive rent supplement and continues to work with Revenue on ways to improve the range and quality of information it provides.

With regard to anti-social behaviour, such behaviour by a tenant is a matter for the landlord in the first instance. There are a number of avenues open in such cases, including the mediation service for landlords and tenants operated by the Private Residential Tenancies Board and/or recourse to the Garda Síochána and/or the Courts in relation to enforcement of the law in relation to anti-social behaviour. If necessary, a landlord may seek termination of the tenancy which, if effected, would result in the termination of rent supplement.

Under the Residential Tenancies Act 2004, landlords are legally obliged to register tenancies with the Private Residential Tenancies Board (PRTB). My Department is committed to working closely with the PRTB to ensure that all tenancies that come within the area of rent supplementation, comply with the statutory system of tenancy regulation and safeguards. To that end, my Department provides details of rent supplement payments to the PRTB to enable them identify tenancies that are not registered and to take any follow-up action necessary.

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