asked the Minister for Local Government and Public Health if he will cause arrangements to be made that will permit of presents or allowances in kind, by food or rent, to recipients of widows' and orphans' pensions without the means test being applied to the value of the goods or allowances presented, having regard to the fact that there is no statutory obligation on those persons who may provide the gifts.
Ceisteanna—Questions. Oral Answers. - Gifts to Pensioners.
Mr. A. Byrne
The determination of the net weekly means of a claimant to a non-contributory widow's pension is regulated by law and I cannot cause any arrangements to be made outside the terms of the relevant statutes. I would refer the Deputy to the First Schedule to the Widows' and Orphans' Pensions Act, 1935, as amended by the Schedule to the Widows' and Orphans' Pensions Act, 1937. Under paragraph 1 (1) (b) of the Schedule to the Act of 1935, as amended, income which is not in cash cannot be taken into account unless the income is by way of remuneration for services rendered. Accordingly, presents or allowances by way of food, clothing, etc., which are given unconditionally are not assessed as means.
Under paragraph 1 (1) (d) of the Schedule, as amended, account must be taken of the yearly value of any advantage from the use of property and, accordingly, in cases where rent is paid by some other person on behalf of the widow, the annual value of the accommodation so provided has to be taken into consideration.