Written answers

Tuesday, 5 April 2011

Department of Social Protection

Social Welfare Benefits

3:00 pm

Photo of Jim DalyJim Daly (Cork South West, Fine Gael)
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Question 207: To ask the Minister for Social Protection the reason rent allowance is not paid directly to landlords; and if she will make a statement on the matter. [6716/11]

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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The purpose of rent supplement is to provide short-term 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. The scheme is intended as a temporary income support payment and is not designed to be a medium to long term housing support or a permanent solution to a person's housing needs.

Current legislation already provides for the making of a rent supplement payment to another person (e.g. a relative, a landlord or landlord's agent) on behalf of the recipient, at the tenant's request and is subject to the consent of the Community Welfare Service. Approximately 20% of rent supplement payments are currently paid to a person other than the tenant. Community Welfare Officer's were recently reminded that the guidelines already allow for the rent supplement to be paid directly to a person other than the tenant including the landlord.

Under the legislative provisions governing rent supplement, the Department's relationship is with the tenant; the tenant makes the application for rent supplement and payment is made to the tenant. Rent supplement is specifically for the benefit of tenants to assist them with their accommodation needs.

Under the current arrangements, even with direct payment, landlords still have to collect the tenant contribution towards their rent (a minimum of €104 per month). The amount of rent supplement payable depends on the tenant's income; in some cases tenants pay only the minimum contribution while for others the tenant makes an additional contribution to their rent based on their financial circumstances. For example, where a person is in part-time income and receives just 10% of his or her rent directly from the State, the landlord would receive the 10% directly whilst still having to collect the 90% from the tenant.

The efficiency of the scheme would be significantly affected if this arrangement were to be changed, for example Community Welfare Officers (CWOs) would potentially have to create a formal relationship with some 97,000 additional clients, the landlords. This would involve greater complexity and significant resources to deal with a new set of third parties. In particular, it would also result in CWOs being drawn into disputes between landlords and tenants.

There may also be financial and control implications in cases where a tenant moves address and neither the landlord nor tenant informs the Department. Similarly, where a tenant is no longer eligible for rent supplement and the Department ceases paying the landlord, the Department may find itself involved in eviction proceedings.

Where a landlord has a grievance in relation to the non-payment of rent by a tenant, s/he may apply to the Private Residential Tenancies Board to have the dispute resolved through the board's dispute resolution process. It is also open to the landlord to bring to the attention of the CWO, any instance where a tenant is receiving rent supplement but is not paying their rent. Where a CWO becomes aware that a person receiving rent supplement is not using that supplement for the purpose for which it was intended, the matter is investigated and the payment can be suspended.

The current arrangements provide tenants with flexibility in terms of location, the freedom to move to a different location whilst allowing recipients time to seek alternative long-term housing solution provided by their local authority. The tailoring of additional payments, such as rent supplement, to meet the specific needs of individuals and making the payment direct to the tenant is regarded as an effective way of helping individuals realise their potential and take individual responsibility. To remove the right of the tenant to receive this payment by making it payable only to the landlord would require legislative amendment and I have no plans at present to make this change.

Photo of Jack WallJack Wall (Kildare South, Labour)
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Question 208: To ask the Minister for Social Protection the position in regarding rent subsidy payments; if the guidelines facilitate a person who is homeless due to marital problems even in circumstances where the persons name is on the deeds of the family home that the person had to leave; if there are any circumstances in which a person in such a position can be facilitated under the guidelines; her plans to address this situation; and if she will make a statement on the matter. [6721/11]

Photo of Jack WallJack Wall (Kildare South, Labour)
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Question 209: To ask the Minister for Social Protection if she will give a directive to community welfare officers that where a husband or wife who has to leave the family home due to irreconcilable matrimonial reasons and where the couple have a mortgage on the family home that the husband or wife can obtain a rent subsidy payment given that they are homeless and have no means of paying rent for an alternative apartment; and if she will make a statement on the matter. [6722/11]

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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I propose to take Questions Nos. 208 and 209 together.

In order to qualify for rent supplement a person must have been residing in private rented accommodation or accommodation for homeless persons or an institution (or any combination of these) for a period of 183 days within the preceding 12 months of the date of claim for rent supplement. A person may also qualify for rent supplement where an assessment of housing need has been carried out within the 12 months preceding the date of claim and the person is deemed by the relevant local authority to be eligible for and in need of social housing support.

In all other cases, a person who wishes to apply for rent supplement is referred, in the first instance, for an assessment of eligibility for social housing support by the local housing authority in the area where the claim to rent supplement is made (and the person intends to reside). When a person has been assessed as being eligible for and in need of social housing support, the person then becomes eligible for consideration for rent supplement.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 210: To ask the Minister for Social Protection the reason rent supplement has been terminated in the case of a person (details supplied) in Dublin 15; and if she will make a statement on the matter. [6763/11]

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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The Health Service Executive has advised that the person concerned was refused rent supplement as she failed to provide sufficient information to establish her entitlement to a payment.

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