Billy Kelleher (Cork North Central, Fianna Fail)
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625. To ask the Minister for Housing, Planning, and Local Government if his attention has been drawn to the practice of topping up among tenants availing of the housing assistance payment where tenants pay money to the landlord in addition to the rent level agreed between the landlord and the local authority; the prevalence of this practice and the scale of payments that households across the country are topping up to secure properties under the HAP and homeless HAP schemes; his views on the extent of this practice and its impact on low income households; if this practice such as the similar practice that occurred in topping up of rent supplement payments is a breach of the provisions of the scheme and therefore illegal; and if he will make a statement on the matter. [13822/18]

Eoghan Murphy (Dublin Bay South, Fine Gael)
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Under the Housing Assistance Payment (HAP), a tenant sources their own accommodation. The tenancy agreement is between the tenant and the landlord and is covered by the Residential Tenancies Act 2004 (as amended). The accommodation sourced by tenants should be within the prescribed maximum HAP rent limits, which are based on the household size and the rental market within that area.

HAP applicants are informed of the maximum rent limits for their local authority area; these elements of the scheme are stated in the HAP Tenant Information Booklet and on the dedicated HAP website, www.hap.ie, and local authority staff also explain them to each HAP applicant.

Each local authority has statutory discretion to agree to a HAP payment up to 20% above the prescribed maximum rent limit in circumstances where it is necessary, because of local rental market conditions, to secure appropriate accommodation for a household that requires it. Greater enhanced support is also statutorily provided for in the Dublin Region for homeless households. It is a matter for the local authority to determine if the application of the flexibility is warranted on a case by case basis. Local authorities must also be cognisant of the provisions of the Residential Tenancies Act when approving increases in HAP payments and advise tenants accordingly.

My Department is aware that some HAP recipients are making payments directly to their landlords, beyond the amount of HAP being paid on their behalf. There is no legislative provision precluding HAP supported households contributing towards the monthly rent to their landlord and my Department does not routinely collect data in relation to households in receipt of HAP who are making additional payments to their landlord beyond that of their HAP payment. Local Authorities have a responsibility to ensure that tenancies are sustainable and are advised not to provide HAP support to tenancies where the household would not be in a position to meet the rental costs being sought.

The data available to my Department indicates that the current rent limits and the flexibility to exceed those rent limits provide local authorities with sufficient capacity to assist households in securing rented accommodation that meets their needs.

My Department continues to keep the operation of the HAP scheme under review. I am satisfied with how the HAP scheme is operating and I consider it to be a key vehicle for meeting housing need and fulfilling the ambitious programme under Rebuilding Ireland.