Complainant

Respondent

Parties

Annika  Hasenkamp

Helen Devane

Complainant

Respondent

Anonymised Parties

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Representatives

Threshold

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000

CA-00062054-001

05/03/2024

The Complainant stated that she has been denied rent supplement payments she has been entitled to since 1 October 2021 because of the Respondent’s failure to sign the relevant form.

The Complainant stated that the Respondent has not complied with her request to complete Part 8 of the rent supplement application form. As a result, she has ongoing issues retaining her rent supplement payment.

The Complainant first contacted Threshold about this issue on 25 July 2019 further to which Threshold contacted the Respondent. Despite subsequently having had the rent supplement re-instated in late November 2019, the Complainant was again cut-off from this payment on 1 October 2021 and has since then not received the payment because of the Respondent’s refusal to sign the form.

The Complainant again contacted Threshold in January 2023 to explain that she was having issues with getting the rent supplement form signed by the Respondent. Despite subsequent attempts to engage with the Respondent, the form has still not been signed. The Complainant stated the failure by the Respondent to sign the form meant that she has lost out on the weekly supplement of €38.40 weekly. In total, this amounts to a financial loss the Complainant of €5,260.80.

The Respondent did not attend to give evidence on the day of the hearing.

It must be determined whether the Respondent discriminated against the Complainant on the “housing assistance ground” contrary to the Equal Status Act 2000 – 2018 by failing to complete the rent supplement application orm, despite the Complainant’s repeated requests that she do so.

The Law:

Section 3(1) of the ESA provides:

“For the purposes of this Act discrimination shall be taken to occur—

(a) where a person is treated less favourably than another person is, has been or would be treated in a comparable situation on any of the grounds specified in subsection (2) or, if appropriate, subsection (3B), (in this Act referred to as the ‘discriminatory grounds’) which—

(i) exists,

(ii) existed but no longer exists,

(iii) may exist in the future, or

(iv) is imputed to the person concerned,”

Section 3(3B) of the ESA provides:

“For the purposes of section 6(1)(c), the discriminatory grounds shall (in addition to the grounds specified in subsection (2)) include the ground that as between any two persons, that one is in receipt of rent supplement (within the meaning of section 6(8)), housing assistance (construed in accordance with Part 4 of the Housing (Miscellaneous Provisions) Act 2014) or any payment under the Social Welfare Acts and the other is not (the “housing assistance ground”).”

Furthermore, section 6 provides:

“6.—(1) A person shall not discriminate in—

(a) disposing of any estate or interest in premises,

(b) terminating any tenancy or other interest in premises, or

(c) subject to subsection (1A), providing accommodation or any services or amenities related to accommodation or ceasing to provide accommodation or any such services or amenities.

(1A) Subsection (1)(c) is without prejudice to —

(a) any enactment or rule of law regulating the provision of accommodation, or

(b) the right of a person providing accommodation to make it a condition of the provision of that accommodation that rent supplement is paid directly to that person.”

Section 38A of the Act requires the Complainant to establish facts from which the alleged discrimination may be inferred. It is only where such a prima facie case has been established that the burden of proof shifts to the Respondent to rebut the inference of discrimination.  Therefore, the Complainant must show that she has been treated less favourably than another person is, has been or would be treated in a comparable situation on the housing assistance ground which requires that, as between any two persons, one is in receipt of housing assistance and the other is not. I find that the relevant comparator in this case is a tenant who is not in receipt of rent supplement.

Findings:

I accept the undisputed evidence of the Complainant that the Respondent refused to sign her rent supplement form and find that she has therefore established a prima facie case of discrimination.

Given the failure of the Respondent to attend the hearing, I find that the Respondent failed to rebut the inference of discrimination.

I therefore find that the Respondent has engaged in prohibited conduct contrary to Section 6(1) of the Act, on the grounds set out at Section 3(3B) of the Act.

As set out above, I find that the Respondent has engaged in prohibited conduct under the Act.

Regarding redress, section 27(1) of the ESA provides:

“Subject to this section, the types of redress for which a decision of the Director of the Workplace Relations Commission under section 25 may provide are either or both of the following as may be appropriate in the circumstances:

(a) an order for compensation for the effects of the prohibited conduct concerned; or

(b) an order that a person or persons specified in the order take a course of action which is so specified.”

I note that the Complainant is at a financial loss in the amount of €5,260.80 as a result of the Respondent’s failure to complete the rent supplement form. As well as the financial loss that the Complainant had to incur arising from the Respondent’s failure to complete the form, I also noted the stress that this has caused her and must recognise this in the calculation of my award.

Having regard to all the circumstances and pursuant to Section 27(1)(a) of the ESA, I therefore deem it appropriate to order the Respondent to pay €6,000 to the Complainant in compensation for the effects of the prohibited conduct.

I also direct the Respondent to take such steps as are required to enable the Complainant to receive her rent supplement entitlements, including completion of the relevant rent supplement form.