Operational Guidelines: SWA: Rent Supplement

Purpose of Rent Supplement

Rent Supplement is a means-tested payment for certain people living in private rented accommodation who can no longer provide for the cost of their accommodation from their own resources, generally due to loss of employment.

In the past, you could apply for Rent Supplement if you were qualified for social housing support and were on the local authority’s housing list. However, people in this situation should now apply for the Housing Assistance Payment (HAP).

Where to apply

Applications for Rent Supplement are processed by the National Rent Supplement Team.

Department of Social Protection

Community Welfare Service

National Rent Supplement Section

PO Box 12188

Freepost FDN7609

If you have a query in relation to a current rent supplement claim or a new application

• Email: rentsupplement@welfare.ie
• Phone number: 0818 607080 National CWS phoneline

Relevant Legislation

• Chapter 9 of Part 3 and Chapter 3 of Part 10 of the Social Welfare (Consolidation) Act, 2005 (as amended);
• Part 4 of Schedule 3 of the Social Welfare (Consolidation) Act 2005 Rules as to Calculation of Means, (as amended);
• Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations 2007 (as amended);
• Housing (Miscellaneous Provisions) Act 2014 (as amended);

Housing Assistance Payment (HAP)

Housing Assistance Payment (HAP) replaced Rent Supplement’s role in the provision of long-term social housing.

The Housing Assistance Payment (HAP) is a form of social housing support for people who have a long-term housing need. It is available in all local authority areas and allows people to take up full-time employment and keep their housing support. Read more on HAP here.

Qualifying Conditions

To qualify for Rent Supplement, the Designated Person must be satisfied that, at the time of application, the claimant is a bona fide tenant and;

• was previously in receipt of a Rent Supplement payment within 12 months of the date of application; or,
• was residing in private rented accommodation for a period of 183 days within the preceding 12 months of the date of claim for Rent Supplement, where on commencement of the tenancy the person could have reasonably afforded the rent and has since experienced a substantial change in his or her circumstances where they are now unable to pay the rent.

Rent Supplement is also available for those persons who have been residing for 183 days or more during the 12 months immediately before the application in an Institution or accommodation for homeless persons as provided under section 10 of the Housing Act 1988, and have not been determined as qualified for social housing support by a housing authority under a social housing assessment pursuant to section 20 of the Housing (Miscellaneous Provisions) Act 2009, as amended.

Applicants who do not satisfy these conditions will be referred to their local housing authority to have their housing needs assessed. The claimant’s eligibility for social housing support will be determined by their respective local authority.

Other Qualifying Conditions

The Designated Person must be satisfied that;

• The accommodation is suited to the person's needs;
• The amount of rent being paid is in line with the National Tenancy Sustainment Framework guidelines referencing the prevailing maximum rent limits;
• The amount of Rent Supplement payable does not exceed €55 per week for single people and €60 per week for other household compositions, where accommodation is provided through the Capital Assistance Scheme.

Disqualification Criteria

A person is not entitled to a Rent Supplement if he or she:

• Is engaged in full-time work, defined as 30 hours or more a week unless the applicant has been deemed as eligible for the Rental Accommodation Scheme by the local housing authority
• Has a spouse or partner who is engaged in full-time employment
• Is engaged in full-time education
• Is involved in a trade dispute. However, the dependant spouse and dependent children of a person involved in trade dispute are not excluded from SWA for the period of the strike
• Is living in accommodation where the Rent Supplement support provided by the department is directly or indirectly payable to a local authority
• Is living in accommodation where the Rent Supplement support provided by the department is directly or indirectly payable to the Health Service Executive
• Is living in accommodation provided by a body or organisation which provides services on behalf of, or similar to, or ancillary to the Health Service Executive, where that body uses residential care staff in providing such services and also receives a subvention payment from the Minister for Health in respect of that person
• Is living in accommodation provided by a voluntary housing body where that body receives a subsidy under the Rental Subsidy Scheme
• Is receiving rent allowance (as opposed to Rent Supplement) from the Department of Social Protection due to being a tenant in decontrolled rented accommodation
• Is admitted to an institution for a period in excess of 13 weeks
• Has failed to make a housing needs assessment application upon request by the Community Welfare Service, or failed to cooperate with their respective local authority (for example, has not provided additional documentation requested by the local authority), in making a social housing assessment within the meaning of Section 20 of the Housing Act 2009
• Has vacated local authority accommodation without satisfying the department's representative that there was good cause for doing so
• Has within any continuous 12 month period refused a second offer of accommodation, provided by either a housing authority or any Body approved for the purposes of Section 6 of the Housing (Miscellaneous Provisions) Act, 1992 (No. 18 of 1992), that is, the Capital Assistance Housing scheme;
• Is not lawfully in the State
• Has made an application for international protection and is awaiting final decision by the Minister for Justice, Home Affairs and Migration
• Does not satisfy the Habitual Residence Condition

Rent Supplement is not payable where the department has been notified by a housing authority that your property is not compliant with housing standards. Your accommodation must be able to meet the statutory minimum standards set out in law. These are prescribed in regulations made under Section 18 of the Housing (Miscellaneous Provisions Act) 1992.

Rent Supplement may also be terminated where your landlord fails to supply the department with a Tax Reference Number or fails to provide the department with a reason why they have no Tax Reference Number.

Access to rent supplement for victims of domestic violence

Victims of domestic violence referred by Cuan funded service providers nationwide can get immediate access to rent supplement. This immediate access to rent supplement provides that victims are not prevented from leaving their home because of financial concerns.

The standard means test for rent supplement will not apply for an initial three month period. Rent supplement can be extended for a further three months, but the usual rent supplement means assessment will apply.

After this six month period, if the person has a long-term housing need, they can apply to their local housing authority for social housing supports and if eligible will be able to access the Housing Assistance Payment (HAP).

Further details are available at Access to Rent Supplement for victims of domestic violence

Access to rent supplement for persons covered by the EU Temporary Protection Directive

The Department of Justice, Home Affairs and Migration is responsible for meeting the immediate and short-term accommodation needs of persons availing of protection in Ireland under the EU Temporary Protection Directive.

Since February 2022, rent supplement is available on a flexible basis to support those availing of temporary protection in Ireland and who wish to access private rented accommodation.

Further details and assistance are available from Community Welfare Services at your local Intreo Centre.

Standard Assessment

Rent Supplement is normally calculated to ensure that a person, after the payment of rent, has an income equal to the SWA rate appropriate to their family circumstances, assessing all sources of income, taking into account all the relevant deductions and disregards less a minimum contribution which recipients are required to pay from their own resources to arrive at the amount payable. In general, the standard weekly minimum contribution is €30 for a single adult household and €40 for coupled households.

Many recipients pay more than the minimum contribution because recipients are also required, subject to income disregards, to contribute a portion of any additional assessable means that they have over and above the appropriate basic SWA rate towards their accommodation costs.

A further minimum contribution is also payable in respect of each non-dependent adult household member. It is custom and practice to reduce the Rent Supplement payable by at least €30 in respect of each non-dependent household member who is in receipt of a Social Welfare payment or has income from employment.

For Rent Supplement there are the following partial income disregards

Additional Income Disregard

Additional Income (less certain prescribed deductions) in excess of the standard weekly rate of Supplementary Welfare Allowance appropriate to their individual circumstances, the first €75 of such ‘additional income’ together with 25% of any additional income above €75 is disregarded.

Pensioners’ Disregard

A special income disregard exists for those aged 66 years or over. Any additional income equal to the difference between the maximum rate of State Pension (Contributory) and the Supplementary Welfare Allowance appropriate to his or her circumstances is disregarded.

Carer's Allowance Disregard

Rent Supplement provides for a disregard of income derived from Carer's Allowance. In the case of a couple, where either spouse is a recipient of Carer's Allowance, the amount to be disregarded is the rate of Carer's Allowance in payment less the SWA adult dependant rate.

In the case of a single person or a Lone Parent in receipt of Carer's Allowance, the amount disregarded is the rate of Carer's Allowance in payment less the personal rate of SWA.

Disability Allowance (DA) and Blind Pension (BP) Disregard

Up to €165 of earnings from training or part time employment can be disregarded if you are getting Disability Allowance or Blind Pension. Any earnings over €165 from training or employment will affect your Rent Supplement. This disregard cannot be used together with the Additional Income Disregard. The officer dealing with your case will apply whichever is most beneficial to your circumstances.

A brief summary of how means are assessed for Rent Supplement can be found here.

Rent Supplement for those returning to full-time employment

Generally, Rent Supplement support is withdrawn where a person or their spouse/partner is in full-time employment. However, existing claimants may be able to retain their Rent Supplement if they are deemed by a local authority to be eligible to participate in the Rental Accommodation Scheme (RAS).

The Rental Accommodation Scheme is administered by local housing authorities. Its purpose is to provide accommodation from the private rented market or through other social housing measures to persons with long term housing needs.

Where a person is considering participation with:

• Back to Work Enterprise Allowance Scheme
• Work Placement Experience Programme
• Short Term Enterprise Allowance
• Part-time Job Incentive Scheme
• Community Employment Programme
• Tús
• Job Plus
• Any other scheme operated by the State which offers a person a pathway back into work

they should discuss any change in circumstances with the Community Welfare Service.

Back to Education Programme (BTEA)

People in full-time education are generally excluded from receipt of Rent Supplement.

For those people participating in approved courses under the Back to Education Allowance Scheme (BTEA**) they may retain their Rent Supplement support assuming they still meet the other conditions of the scheme.

If a course is ‘non BTEA’ approved the customer is advised to discuss their situation with their Community Welfare Officer prior to starting / applying for the course.

** BTEA is payable to people participating in approved second or third level courses. Income from BTEA is fully assessable under the means test and is not eligible for the additional income disregard. However, recipients of BTEA who have income from another source (e.g. part-time employment) may qualify for the additional income disregard.

Rent Supplement support is subject to a limit on the amount of rent that an applicant can apply for. The maximum amount of rent payable is set out under Schedule 1 of SI 412/2007.

Support can be refused where the rent payable to the landlord is in excess of the maximum rent limits set out in Schedule 1 of SI 412/2007. The limits are established by area and for a set number of household family compositions.

The prescribed maximum rent limits do not apply to households which consist of family compositions or sizes which are not set out under Schedule 1 of SI 412/2007: for example, there is no prescribed rent limit in respect of a household consisting of a family with 4 or more children.

Entitlement to Rent Supplement shall be just and proper having regard to the nature, character and location of the residence. This means that DSP staff administering the scheme:

• Have the authority to set limits below the provided maximums for different areas in their locality; and,
• When making decisions in respect of a non-prescribed household type, they must be satisfied that the rent payable is appropriately benchmarked to the maximum limits and local market conditions

Under the National Tenancy Sustainment Framework (NTSF), DSP staff administering the scheme can provide additional financial support where:

• A landlord increases / provides a rent above the prevailing maximum rent limit; or,
• If you or a member of your household requires specially adapted accommodation due to a disability.

With respect to all other cases, any person who is having difficulty with their Rent Supplement, for whatever reason, is advised to contact their local Community Welfare Service.

In certain limited circumstances, individuals may make additional payments themselves above the prevailing rent limit provided that they have additional income in excess of their standard social welfare entitlement.

For those properties funded by Capital Assistance Scheme the amount of Rent Supplement provided cannot exceed €55 per week for single people and €60 per week for other household compositions.

In view of the reduction of supply in the private rented market, under the National Tenancy Sustainment Framework (NTSF), the Department implements a targeted case-by-case approach for existing or new customers providing additional payments above rent limits when deemed necessary.

An arrangement is also in place with Threshold for areas where supply issues are particularly acute: Dublin; Cork; Meath; Kildare; Wicklow; and Galway City.

View details of the current Maximum Rent levels Maximum Rent levels here.