Noel Grealish (Galway West, Independent)
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To ask the Minister for Social Protection if any precedent of civil liability has attached to her Department or the Community Welfare Service, for loss or damages arising from tenancy contracts as a result of rent supplement issues; if any legal advice has been provided to her Department suggesting or indicating that direct payment to landlords should cease, barring very extreme and extenuating circumstances; if any legal advice was given that direct payments to landlords should not be a routine practice; if she will define what could be considered as very extreme or extenuating circumstances; and if she will make a statement on the matter. [15498/13]

Noel Grealish (Galway West, Independent)
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To ask the Minister for Social Protection if circulars issued by her Department regarding payment of rent supplement direct to a landlord, where the tenant so requests, can be described as merely internal guidelines; the status of such guidelines in regard to decisions of the community welfare service; and if she will make a statement on the matter. [15499/13]

Joan Burton (Dublin West, Labour)
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I propose to take Questions Nos. 169 and 170 together.

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 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 currently approximately 87,000 rent supplement recipients for which the Government has provided €403 million for 2013.

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. There is no direct relationship between the landlord and the Department in the administration of the scheme. However, Social Welfare legislation provides for the payment of a rent supplement payment to a nominated payee such a landlord on behalf of the tenant. This arrangement is entered at the tenant’s request and subject to the consent of the Department. The department official dealing with the request will take into account all the relevant circumstances of the particular case and the tenant’s preference will be accommodated where possible.

Within the timeframe available, I have not been able to ascertain whether any Court decisions have imposed a civil liability on this Department for loss or damage arising from tenancy contracts as a result of rent supplement issues or whether any associated legal advice has been received. The Department will advise the Deputy further on the matter in due course.

It is open to the landlord to bring to the attention of the Department any instance where they suspect that a tenant is receiving rent supplement and is not paying their rent. Where the Department becomes aware that a person is not using rent supplement to meet the accommodation costs, payment of the supplement is suspended and the matter investigated. 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.

The Department’s circulars regarding rent supplement do not place any legal obligation in relation to decisions on the payment of rent supplement but are designed to provide guidance to departmental staff in the exercise of their powers having regard to the requirements of the legislation.