Dublin man refused rent supplement says decision ‘Kafkaesque’

A Dublin man refused a supplement towards his monthly €450 rent claimed, in court, that it was a “Kafkaesque” decision.

The man, who earns €208 a week, says it is “near impossible” to get accommodation in Dublin city below the €350 monthly limit for rent allowance.

Liam Ward claims the refusal breaches ministerial guidelines aimed at helping tenants hold onto accommodation at a time of high rents and when demand for rental accommodation in Dublin, especially for those on rent allowance, greatly exceeds supply.

Without the supplement, Mr Ward says he cannot pay his rent and fears he will be made homeless. He says there are no properties below €450 and he had tried to renegotiate his rent.

Mr Ward, who works in a Community Employment scheme, sought the €350 rent allowance towards his €450 monthly rent for a shared two-bedroom flat in Summerhill, north inner-city Dublin.

Eileen McCabe, solicitor for Mr Ward, said he got a Master’s degree in 2009 and was unable to find a job until, after moving to Dublin, he joined a CE scheme in June 2014.

Mr Ward told the Department of Social Protection he would pay the €100 shortfall from his earnings and, in his application, provided a printout of rents for two-bed properties in Dublin’s inner city ; all above the €350 limit. His application was refused last November and again in January.

In light of ministerial guidelines giving officials discretion, in exceptional circumstances, to pay allowance for rents above €350, Mr Ward argues he should have it.

In High Court judicial review proceedings against the Minister for Social Protection, Mr Ward contended he is entitled to have his application decided in line with guidelines.

He also argues that measures in the 2007 regulations governing rent allowance are in excess of the provisions of the 2005 Social Welfare Consolidation Act and claims damages for alleged breach of his constitutional rights.

The deciding officer noted Mr Ward’s weekly €208 payment under the Community Employment scheme was €20 higher than the €188 weekly Jobseeker’s Allowance available if he was not employed on the scheme, it is claimed.

The officer had said he did not consider the €20 extra under the CE scheme (which would be €80 a month) would make up the €100 gap between the statutory maximum rent allowance limit of €350 and the €450 rent. So the officer refused to grant Mr Ward rent supplement.

That reasoning, Mr Ward claims, is “Kafkaesque” and breaches his rights to natural justice and fair procedures.