Pre-HAP Supports
Decontrolled Property Rent Allowance
Rent allowance is paid to tenants of properties decontrolled by the Housing (Private Rented Dwellings) Acts 1982. In order to qualify, the person must have been a tenant on that day, subject to rent control.
They must be entitled to remain as tenants. The rent must be fixed by the District Court or Rent Tribunal. The landlord must register the tenancy. A Means test must be satisfied.
The maximum allowance is the difference between the original rent and the new rent. If the person’s means are minimal, they will receive the full differential. Beyond that, the allowance will be tapered. The allowance will also be reduced based on the income of household members. The allowance lasts for as long as the person remains a tenant of the dwelling house.
Rent Supplement
Rent supplement was revised significantly in 2009. The applicant must be
- assessed by the Housing Authority as having a housing need or
- having lived for more than six months of the preceding 12 months in private rented housing or accommodation for homeless persons provided under the Housing Act.
Rent covers periodical payments made for the possession or use, occupation or enjoyment of a dwelling house. It does not include rent or payment
- relating to the provision of goods and services,
- those applicable to the cost of maintenance and repairs,
- those related to a benefit other than a bare right to use, occupy and enjoy the dwelling as a premises.
Residential premises means any building, any building or part of a building suitable for use or adopted for use as a dwelling and any land used for occupation and enjoyment with the said building or part thereof as a garden.
Rent Supplement Entitlement
In order to be entitled to rent supplement, a person must be a bona fide tenant and; have been assessed by the Housing Authority as having a housing need; he is residing in rented accommodation, where at the commencement of the tenancy,
- he has a reasonable expectation he could pay the rent into the future and was, in fact in a position to pay the rent at commencement and
- subsequently has experienced a substantial change in the circumstances by which he is thereby unable to pay the rent and
- such change has not been caused by that person or residing for a prescribed period in homeless accommodation.
Claimants
- must make an application to the Housing Authority to be assessed for housing needs;
- must not be excluded from assessment by reason of failure to accept an offer of accommodation unless there is a valid reason for refusal;
- have not vacated accommodation provided by the Housing Authority, or if he has vacated it, the HSE must be satisfied that he had good cause for so doing or
- he has not refused for a third time within any continuous 18-month period, an offer of accommodation provided by the Housing Authority or voluntary housing body whereby such refusal, the rent supplement is not payable for 12 months from refusal;
Disqualification
The claimant must not have refused, for a second time within 12 months period, an offer of accommodation by the Housing Authority or housing body. Where the refusal has occurred, a rent supplement is not payable for 12 months from the date of refusal;
The claimant must not be in receipt of the special rent allowance under the Housing Private rented dwellings legislation;
The person beneficially entitled to the rent must not be a Housing Authority, HSE or body providing services on its behalf similar to or ancillary to the HSE using residential care staff, receiving residential care staff receiving a subvention from the Minister for Health or a voluntary housing body receiving a subsidy under the rental subsidy scheme;
The HSE must be satisfied that
- the claimant is in need of accommodation and is unable to provide it from his resources;
- the residence is reasonably suitable to the residential and other needs of the claimant and
- the rent claimed by the claimant is just and proper, having regard to the nature, character and location of the residence and
- does not exceed the maximum amounts prescribed by legislation;
When the person entitled to receive the rent is an approved body or a body receiving assistance from the Housing Authority, the HSE must receive confirmation that the rent has been received in accordance with the scheme.
Caps
The relevant regulations provided from 2011 forward set maximum rents payable for various parts of a country and household types. Supplementary rent payment is not payable above these levels.
The rent is not payable if the rent exceeds these amounts, so it is not an option for the tenant to make up the shortfall. A landlord’s tax reference number must be furnished.
Calculation
The rent supplement is the difference between the person’s weekly needs minus €24 and his weekly means, less the rent or mortgage interest, as the case may be.
In assessing means, there are a number of exemptions, although they are relatively limited. Most non-cash benefits are taken into account. The amount of the rent supplement is not to exceed the amount as HSE determines reasonable to meet the residential needs of the claimant.
Where a person other than a qualified child or adult is resident with the applicant, not being a sub-tenant, the HSE determines the amount of supplement payable to that person, which is reasonable to be attributed to that other person.
There are maximum supplements payable (€66 for a couple, €55 for others) where the rent is payable to approved bodies funded by the Department of Housing Authorities.
A person does not qualify for Rent Supplement if he or she is in full-time employment – defined as 30 hours or more a week. In the case of couples, if one of a couple is in full-time employment, both are excluded from claiming Rent Supplement.
Claims from self-employed people are assessed on the individual circumstances of the case, and you may be asked to show that they are working less than 30 hours a week. If they are working over 30 hours a week in employment or self-employment, or if getting the Back to Work Enterprise Allowance, they can only continue to get Rent Supplement if the local authority considers that they are eligible for the Rental Accommodation Scheme (RAS).
Income & Capital taken into account
- Net income from employment (this is gross income less PRSI and reasonable travel expenses. A child dependant in full-time education does not have their income from employment assessed as means for Rent Supplement.)
- Social welfare payments (for exceptions – see our document on calculating Rent Supplement)
- Working Family Payment (WFP)
- Cash income (for example, maintenance)
- All income and the value of all property of which you deprived yourself in order to qualify for Rent Supplement
- Capital (for example, property except your own home, savings and investments).
The capital value of property (except a home), savings and investments is assessed as follows:
| Capital | Weekly means assessed as |
|---|---|
| First €5,000 | Nil |
| Next €10,000 | €1 per €1,000 |
| Next €25,000 | €2 per €1,000 |
| Any capital over €40,000 | €4 per €1,000. |
Income from some sources is disregarded – not taken into account – when calculating the amount of Rent Supplement that you qualify for. You can find more information in our document on calculating Rent Supplement.
The means test for a supplementary welfare allowance in respect of rent supplement provides disregard of certain income from net earnings from rehabilitative employment.
A rent supplement may be paid while the beneficiary continues to reside at the same residence. Periods of absence from it by reason of temporary residence, up to 13 weeks in an institution, are disregarded. Institution is a hospital, convalescent home, premises providing residence, maintenance or care for persons, a place of detention or prison.
The minimum contribution for rent from other income was from €6 to €24 in 2009. Where a person has engaged in anti-social behaviour, their eligibility for rent supplements or mortgage interest supplements is restricted.
Equality legislation specifies a number of grounds under which landlords cannot discriminate against potential tenants. These include the “housing assistance” ground.
Above Limits
The DSP can make additional Rent Supplement payments above rent limits when this is deemed necessary. This is done on a case-by-case basis both for people getting Rent Supplement already and for new applicants. Under the National Tenancy Sustainment Framework (NTSF), DSP staff may provide additional financial support above the normal Rent Supplement if:
- A landlord increases or sets a rent above the maximum rent limit for the area
- the person or a member of the household needs specially adapted accommodation due to a disability.
In certain limited circumstances, the applicant may make additional payments above the rent limit yourself, provided that you have the additional income above your standard social welfare entitlement.