The purpose of rent supplement is to provide short-term income support to assist with reasonable accommodation costs of eligible people living in private rented accommodation who are unable to provide for their accommodation costs from their own resources and who do not have accommodation available to them from another source.
In general there is no limit or restriction on the proportion or number of people that may receive rent supplement in an area. However, Section 25 of the Social Welfare and Pensions Act 2007 provides that a payment of rent supplement can be refused in respect of accommodation which is situated in an area notified to the Minister for Social Protection by the Minister for the Environment, Community and Local Government, as being an area of regeneration.
Under the Residential Tenancies Act 2004, landlords are legally obliged to register tenancies with the PRTB. The Department is also working closely with the PRTB to ensure that all tenancies where rent supplement is in payment are registered with the PRTB. To that end, the Department provides details of new rent supplement payments to the PRTB to enable them identify tenancies that are not registered and to take any follow-up action necessary.
Landlords are legally obliged to register tenancies with the PRTB within one month from the start date of the tenancy or at a later date on payment of an increased fee. For this reason, it is not practicable for the Department to insist that a tenancy be registered with the PRTB before payment of rent supplement can be made. There are also instances where a rent supplement tenancy need not be registered with the PRTB, for example, in the case of renting a room in a house or where a premises is owner occupied.
Over the years the Department has been working closely with the Revenue Commissioners to ensure that landlords who benefit from monies paid out under the rent supplement scheme comply with their obligations under the Taxes Acts. Section 7 of the Social Welfare and Pensions Act 2010 provides that from 1st January 2011, rent supplement should not be payable in respect of a tenancy where the landlord:
i. has not provided the HSE with a Tax Reference Number in a prescribed form, or
ii. has not advised the HSE in a prescribed form that she/he has no Tax Reference Number and has not notified the HSE the reasons why she/he has no Tax Reference Number
The Taxes Acts place an obligation on the Department to provide the Revenue Commissioners with payment details relating to rent supplement on an annual basis. Section 7 of the Social Welfare and Pensions Act 2010 will help ensure that those benefiting from the rent supplement scheme are tax compliant.
Responsibility for ensuring that a protected structure or any element that contributes to its special interest is not endangered is a matter for the owner/occupier of the building. It is a matter for the planning authority to take appropriate action if it considers that a protected structure is endangered.
Responsibility for setting and enforcing housing standards rests with the Local Authorities. However, accommodation occupied by rent supplement tenants should at least meet minimum housing standards. In consultation with the Department of Environment, Community and Local Government, S.I. No. 572 of 2006 and Section 25 of Social Welfare and Pensions Act 2007 introduced the condition that allows the HSE to decide that a rent supplement may not be payable where it has been notified by a housing authority of the non-compliance with standards. This condition for rent supplement supports the Department of Environment, Community and Local Government Action Programme which aims to promote further improvement in private rented accommodation standards, including a review of the regulations and more effective enforcement.
Social Welfare legislation already provides the HSE with the authority to refuse payment of a rent supplement in the case of a person who has been required to deliver up possession of a dwelling provided by a housing authority or an approved body where the reasons for that requirement include anti-social behaviour or the interests of good estate management.
In the case of private rented accommodation, tenancy arrangements involve a contract between the landlord and tenant and tenant behaviour is a matter for the landlord in the first instance. There are a number of avenues open to landlords in such cases, including the mediation service for landlords and tenants operated by the Private Residential Tenancies Board and/or recourse to the Garda Síochána and/or the Courts in relation to the enforcement of the law in dealing with anti-social or criminal behaviour. If necessary, the landlord may seek termination of the tenancy which, if effected, would result in the termination of rent supplement.
