asked the Minister for Social Welfare if, in the assessment of means for the purpose of widows' and orphans' non-contributory pension, the income from a legacy inherited by a son or daughter under sixteen years of age is regarded as means of the applicant; and, if so, if he will consider a change in the regulation which provides for this procedure.
Ceisteanna—Questions. Oral Answers. - Widows' and Orphans' Non-Contributory Pensions: Means Assessment.
33.
Under Rule 4 of the Seventh Schedule to the Social Welfare Act, 1952, the means of a widow for purposes of a widow's (non-contributory) pension are deemed to include the means of not more than two qualified children normally residing with her (excluding any cash income derived from personal exertions). The means of each child are taken to be the average of the means of all the children. Accordingly, while income of the nature mentioned in the Question would be taken into account, the actual amount assessable as means would depend on the number of qualified children normally residing with the widow.
Prior to the coming into operation of the Social Welfare Act, 1952, an increase of widows' (non-contributory) pension was payable in respect of each child and the means of all children were taken into account. The 1952 Act restricted increases to two children and as a corollary limited the assessable means of the children to the means of not more than two.
The Social Welfare (Miscellaneous Provisions) Act, 1960, reintroduced the principle of increases of pension in respect of all qualified children but the provision for assessing the means of only two qualified children was retained, with consequent advantage to the widow with more than two children.
I do not propose to introduce legislation to amend the existing provisions.