I propose to take Questions Nos. 1512 to 1522, inclusive, together.
The Supplementary Welfare Allowance scheme is the safety net within the overall social welfare system in that it provides assistance to eligible people in the State whose means are insufficient to meet their needs and those of their dependents. Supports provided under the scheme can consist of a basic weekly payment, a weekly or monthly supplement in respect of certain expenses, as well as Additional Needs Payments.
Rent Supplement provides short-term income 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 scheme ensures that for those who were renting, but whose circumstances have changed due to temporary loss of employment or income, can continue to meet their rental commitments.
Section 198 (3FA) of the Social Welfare (Consolidation) Act, 2005 as amended, provides that a person shall not be entitled to Rent Supplement unless a designated person is satisfied that the person is a bona fide tenant.
In order to establish that a customer is a bona fide tenant, the Department requires a customer to provide a completed Rent Supplement application, a lease/tenancy agreement, and landlord proof of ownership. Proof of ownership is established by provision of a copy of one of the following documents, dated within the last twelve months:
• Receipt of Local Property Tax paid by the landlord.
• Evidence of buildings insurance policy held by the landlord.
• Evidence of registration with the Residential Tenancies Board.
• A letter from a solicitor certifying that the landlord owns the property.
• A letter from a financial institution that holds a mortgage on the rental property confirming ownership.
Property Services Regulatory Authority licence number does not constitute proof of ownership.
Article 19 (Part 5) and Article 23(1)(a)(Part5) of
S.I. No. 412/2007 - Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007, as amended, provides that a customer must furnish such certificates, documents, information and evidence that are required by the Department of Social Protection for the purpose of deciding and reviewing claims for Supplementary Welfare Allowance.
The request for proof of ownership is a legal requirement and compliant with data protection legislation. Section 198C of the Social Welfare (Consolidation) Act 2005, as amended, provides that a landlord must provide, upon request, information relating to the tenancy of the person which the Department may require for the purposes of determining entitlement to that supplement.
In addition, Section 888 of the Consolidated Taxes Act 1997 provides that the Revenue Commissioners may request information from the Department of Social Protection relating to landlord details, of each rented property in respect of which Supplementary Welfare Allowance is or was paid.
No additional administrative requirements have been introduced in relation to determining a bona fide tenancy for the purposes of Rent Supplement.
Where a landlord has any concerns regarding confidentiality, they can forward their proof of ownership documentation directly to the Department. Tenants are not required to purchase land registry folios or title documents in order to retain eligibility for Rent Supplement or Supplementary Welfare Allowance.
Statistics are not maintained on the number of Supplementary Welfare Allowance claims, including Rent Supplement, that were closed, suspended or disallowed, due to failure to provide proof of property ownership.
The Department of Housing, Local Government and Heritage is responsible for the Housing Assistance Payment.
I consider the current assessment process used in determining a bona fide tenancy to be a reasonable approach for any person wishing to make a Rent Supplement application. The Supplementary Welfare Allowance Scheme is kept under review to ensure that it continues to support those most in need of assistance.
I trust this clarifies the matter for the Deputy.