John Lyons (Dublin North West, Labour)
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Question 369: To ask the Minister for Social Protection her plans to ensure that rent supplement is only paid to landlords who are tax compliant and registered with the Private Residential Tenancies Board; if she has figures of the estimated number of landlords in receipt of the payment who are not compliant or registered or both; and if she will make a statement on the matter. [22405/11]

Joan Burton (Dublin West, Labour)
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Under the Residential Tenancies Act 2004, landlords are legally obliged to register tenancies with the Private Residential Tenancies Board (PRTB). However, not all tenancies are required to be registered with the PRTB as the relevant legislation, the Residential Tenancies Act, provides for certain exceptions.

Where registration is required, the landlord has up to one month after the commencement of the tenancy to register it with the PRTB at the standard fee and longer to register at a higher fee. It is therefore not practical for the Department to insist that a tenancy be registered before rent supplement can be paid to the tenant as the establishment of the tenancy will be dependent on rent supplement being awarded.

The Department works closely with the Private Residential Tenancies Board (PRTB) to help ensure that rent supplement tenancies comply with the statutory system of tenancy regulation and safeguards. The Department advises the PRTB of all new rent supplemented tenancies to assist them in implementing tenancy regulations and co-operates in any initiatives taken by the PRTB to ensure compliance with the provisions of the Residential Tenancies Act.

Over the years the Department has been working closely with the Revenue Commissioners to ensure that landlords who benefit from monies paid out under the rent supplement scheme comply with their obligations under the Taxes Acts. Section 7 of the Social Welfare and Pensions Act 2010 provides that from 1st January 2011, rent supplement should not be payable in respect of a tenancy where the landlord:

i. has not provided the HSE with a Tax Reference Number in a prescribed form, or

ii. has not advised the HSE in a prescribed form that she/he has no Tax Reference Number and has not notified the HSE the reasons why she/he has no Tax Reference Number

The Taxes Acts place an obligation on the Department to provide the Revenue Commissioners with payment details relating to rent supplement on an annual basis. Section 7 of the Social Welfare and Pensions Act 2010 will help ensure that those benefiting from the rent supplement scheme are tax compliant.

John Lyons (Dublin North West, Labour)
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Question 370: To ask the Minister for Social Protection the assessments made of accommodation standards for recipients of rent supplement; and if she will make a statement on the matter. [22406/11]

Joan Burton (Dublin West, Labour)
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Responsibility for setting and enforcing housing standards rests with the Local Authorities. However, accommodation occupied by rent supplement tenants should at least meet minimum housing standards. In consultation with the Department of Environment, Community and Local Government (DOEHLG), S.I. No. 572 of 2006 and Section 25 of Social Welfare and Pensions Act 2007 introduced the condition that allows the Health Service Executive (HSE) to decide that a rent supplement may not be payable where it has been notified by a housing authority regarding the non-compliance with standards. W here such a notification is received from a housing authority in respect of an existing tenant it is recommended that the HSE would discuss the situation with the tenant and take whatever action it decides is necessary in the best interests of the tenant. It is envisaged that new rent supplement claims in respect of properties that have been notified as being below standard, will not, in general, attract a rent supplement payment.

This condition is aimed at improving the standards of accommodation which rent supplement tenants occupy and will support the Local Authority in meeting their responsibilities in relation to housing standards.

Bernard Durkan (Kildare North, Fine Gael)
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Question 371: To ask the Minister for Social Protection if and when disability allowance or invalidity pension will be awarded - currently on appeal - in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [22424/11]

Joan Burton (Dublin West, Labour)
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The person concerned applied for disability allowance on 14 July 2010. His claim was referred to one of the department's medical assessors who was of the opinion that the person was not medically suitable for disability allowance. The deciding officer accepted this opinion and his claim was refused and the person was notified in writing of this decision on 15 November 2010. The person subsequently appealed this decision to the Social Welfare Appeals Office. Based on the evidence before him the appeals officer found that the person concerned was not substantially restricted in undertaking suitable employment by reason of a specified disability within the meaning of Social Welfare legislation and the appeal was not allowed. The applicant was notified of this decision in writing by the Social Welfare Appeals Office on 8 July 2011. An appeal officer's decision is final and conclusive in the absence of any fresh facts or evidence. No application has been received to date for an invalidity pension from the person concerned and an application will now be sent to him.