The supplementary welfare allowance scheme, which includes rent supplement, is administered on my behalf by the community welfare division of the Health Service Executive. Neither I nor my Department has any function regarding decisions on individual claims.
Section 195(b) Social Welfare (Consolidation) Act 2005 provides that the HSE may decide that a person is not entitled to SWA where it considers a person not to be genuinely seeking employment.
Section 195(c) Social Welfare (Consolidation) Act 2005 provides that the HSE may also decide that a person is not entitled to SWA, unless the person applies for any statutory benefits or assistance to which the person may be entitled.
The Dublin and mid-Leinster area of the executive has advised that the person concerned was paid basic SWA while awaiting the outcome of a claim for unemployment assistance and that he was also paid a rent supplement. His application for unemployment assistance was refused, as he was deemed not to be genuinely seeking work. That decision was upheld on appeal by the independent Social Welfare Appeals Office.
Having regard to the new circumstances of the case, the HSE decided that the person concerned no longer satisfied the qualification criteria for SWA, as it too considered the person not to be genuinely seeking employment. Accordingly, payment of his basic SWA and rent supplement claims was terminated. The person concerned subsequently appealed that decision to the designated appeals officer in the HSE, but the decision was upheld by the appeals officer.
If the person in question is not satisfied with the decision of the HSE appeals officer, he may appeal that decision to the independent Social Welfare Appeals Office.