Bernard Durkan (Kildare North, Fine Gael)
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Question 401: To ask the Minister for Social Protection if she will set out the criteria affecting entitlement to rent supplement in general in respect of a person (details supplied) in County Kildare who has been assessed in this context; if it is accepted that they have been repeatedly refused rent allowance, who has now been refused access to one child; if she will review the case and refer it to appeal for an oral hearing; and if she will make a statement on the matter. [27065/12]

Joan Burton (Dublin West, Labour)
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The purpose of the rent supplement scheme 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 overall aim is to provide short term assistance, and not to act as an alternative to the other social housing schemes operated by the Exchequer.

There are numerous qualifying conditions for the rent supplement scheme all of which are based on legislation. For example, any person seeking a rent supplement must satisfy the Department that they have a housing need that they are unable to meet from their own resources. In addition, the Department must be satisfied that the residence is reasonably suited to the residential and other needs of the claimant. The Department must also be satisfied that the rent payable is reasonable having regard to the nature, character and location of the residence.

Entitlement to rent supplement is determined under Chapter 11 of the Social Welfare Consolidation Act 2005, as amended and under S.I. No. 412 of 2007, Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007, as amended. These legislative provisions are supported by staff guidelines issued by the Department.

In a case where parents have joint custody of a child, the needs of both parents to have adequate accommodation to look after the child are taken into account when an application for a rent supplement is being determined. The claim from the person concerned has previously been refused as the child is being adequately accommodated by the mother. The refusal has been upheld by the HSE appeals office.