Pensioner begins High Court challenge over decision to suspend rent allowance payments

By Ann O’Loughlin

A pensioner who fears being made homeless has launched a High Court challenge arising out of a decision by Social Welfare officials to suspend paying her rent allowance.

The action has been brought by Ms Stela Vasile with an address at Malahide Road, Dublin who had been in receipt of State pension as well as rent supplement allowance.

Last December Ms Vasile was informed she was being investigated by the Employment Affairs and Social Protection and the payments were being suspended.

However twelve months on, the investigation has not been completed, arrears in rent have built up, and she now fears being made homeless.

Represented by Fechin McDonagh SC Ms Vasile seeks a High Court order compelling the Minister for Employment Affairs and Social Protection to determine the investigation against her commenced twelve months ago.

She further seeks a declaration the continued suspension of her rent supplement is unlawful.

She claims the failure to complete the investigation is irrational and unreasonable, and the delay is a breach of fair procedure.

Counsel said in January her pension payment was restored, however the rent supplement has not be restored.

In April her landlord informed her that she was in arrears, and that he may have to serve an eviction notice. However the landlord had allowed her stay on, counsel added.

She had asked the Department to progress its investigation.

She was informed last June by the social welfare inspector conducting the investigation he would do his "absolute best to get the investigation done as soon as possible" but "it may be some time" as he had "many similar cases".

Solicitors for Ms Vasile wrote to the Department in October seeking the result of the investigation or the payment of rent allowance till the investigation is complete.

No response has been received, Counsel said.

Counsel said his client believed the investigation may have related to whether she resided full time at her apartment in Malahide Road.

She says she has resided there full time and is entitled to the payments.

Permission to bring the action was granted, on an ex-parte basis, by Mr Justice Charles Meenan yesterday (mon).

The case will come back to court next month.