Clare Daly (Dublin North, Socialist Party)
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Question 319: To ask the Minister for Social Protection if the social welfare appeals office has discretion in its decision making with respect to the prescribed limits placed on rent supplement in budget 2012, when assessing supplementary welfare allowance appeals. [26276/12]

Joan Collins (Dublin South Central, People Before Profit Alliance)
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Question 327: To ask the Minister for Social Protection under the proscribed limits on rent allowance appeal process, the level of discretion the appeals officers have; the guidelines they are working under in relation to going beyond the proscribed limits. [26346/12]

Joan Burton (Dublin West, Labour)
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I propose to take Questions Nos. 319 and 327 together.

I am advised by the Social Welfare Appeals Office that Appeals Officers are statutorily appointed by the Minister for Social Protection and exercise their functions in a quasi-judicial manner.

Entitlement to social welfare payments is subject to satisfying conditions which are provided for in the Social Welfare Acts and in Regulations made under those Acts. Appeals Officers must have regard to these Acts and Regulations in arriving at their decisions in cases appealed to that Office

In relation to rent supplement, the legislation sets maximum rent limits for particular family circumstances. These limits change from county to county and are based on the local market rate for accommodation appropriate to the needs of the appellant.

The Regulations covering the scheme, however, also provide discretionary powers to award a rent supplement in exceptional cases where it appears that the circumstances of the case so warrant. While the Department provides its own determining officers with guidelines as to the circumstances in which this discretion may be used, Appeals Officers consider each case on its own merits.