Bernard Durkan (Kildare North, Fine Gael)
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55. To ask the Minister for Social Protection notwithstanding the reply to previous parliamentary questions, if equality legislation is being observed in the cases where, on separation or divorce, the proceeds of the family home are divided as per a decision of the courts and where one of the parties remains in the family home on foot of such decision and does not have means derived from same assessed against them in respect of an application for a means tested payment, while the other party who receives a cash settlement in lieu of entitlement to the family home has means assessed against them for rent support purposes, thereby ensuring that the latter must first spend on rent his or her share of entitlement to the family home before qualifying for rent allowance; and if she will make a statement on the matter. [17119/15]

Kevin Humphreys (Dublin South East, Labour)
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The Department operates a range of statutory means tested schemes where, in order to qualify for the social assistance payment, the claimant must satisfy a means test. The means test takes account of the income a person or couple has in terms of cash, property (other than the home) and capital. The combination of the means test and awarding differentiated rates of payment is premised on ensuring that social welfare payments are paid to those most in need.

With social assistance payments, the maximum rate of entitlement is payable where a claimant’s means are nil. Where a claimant has means, the maximum rate of entitlement is reduced by reference to the means in any given case and scheme. It is in the nature of means tested schemes that where means exceed a certain amount, no entitlement exists. The assessment of means is a way of checking if a person has enough means to support themselves and what amount of payment, if any, for which they may qualify.

The Department’s rent supplement scheme provides 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. Rent supplement is subject to a means test which is normally calculated to ensure that a person, after the payment of rent, has an income equal to the rate of supplementary welfare allowance (SWA) appropriate to their family circumstances less a minimum contribution which recipients are required to pay from their own resources. The weekly minimum contribution is €30 for a single adult household and €40 for coupled households. Many recipients pay more than this amount because recipients are also required, subject to income disregards, to contribute any additional assessable means that they have over and above the appropriate basic SWA rate towards their accommodation costs.

I am satisfied that the assessment for the rent supplement scheme is premised on the basis of need and not marital or family status.