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Social Welfare Code

Dáil Éireann Debate, Tuesday - 18 February 2014

Tuesday, 18 February 2014

Questions (494)

Terence Flanagan

Question:

494. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government if the Department of Social Protection can deduct payments for an award made against a social welfare recipient under the Residential Tenancies Act; and if he will make a statement on the matter. [7765/14]

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Written answers

The Residential Tenancies Act 2004 regulates the tenant-landlord relationship in the private rented residential sector. The Private Residential Tenancies Board (PRTB) was established under the Act to operate a national tenancy registration system and to facilitate the resolution of disputes between landlords and tenants in this sector. The Act does not make provision for the Department of Social Protection to deduct payments for an award made against a social welfare recipient.

Under the Act, enforcement of PRTB orders is a discretionary power and the Board exercises this power taking account of the circumstances pertaining to each case. In many cases the best option, and one which the PRTB facilitates, is for the parties to agree a schedule of payments. However, while there is no legal obligation on the PRTB to enforce, this does not in any way preclude parties from pursuing enforcement independently through the courts including the seeking of a garnishee order.

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