asked the Minister for Social Welfare whether, in calculating the means of applicants for unemployment assistance under the small farmers' scheme, he will disregard land taken for the purpose of maintaining cattle which cannot at present be sold without a loss.
Ceisteanna—Questions. Oral Answers. - Unemployment Assistance Applicants.
16.
I must at the outset remind the Deputy that the calculation of means for purposes of the Unemployment Assistance Acts is a matter for determination by statutory deciding officers or appeals officers, and that neither the Minister nor anyone else can give instructions to those officers in the exercise of that function.
Under the provisions of the Acts, income from property personally used or enjoyed is assessable as means; such property, of course, includes land beneficially occupied whether it is owned, leased or rented. To exclude any land from assessment would accordingly require amendment of the law and I do not propose to introduce such an amendment.
Would the Parliamentary Secretary agree that a yardstick which was used to assess a person's income with regard to this type of activity a year ago is not realistic today? Should an instruction not be issued to the people concerned to disregard this activity as it is not bringing in any income?
As I said in reply to the question, it would require an amendment to the existing law and I do not intend to introduce such an amendment.
In view of the fact that certain health boards, having regard to farm prices, have issued instructions to their officials to act according to the lines suggested by Deputy Power, would the Parliamentary Secretary's Department not do likewise?
Surely the Deputy must realise it would not be possible for the Minister or anyone else to issue an instruction to officials to disregard the present law.
Which law?
Is the Parliamentary Secretary conveying to us that his Department have such a closed mind in this matter that they cannot take into account variations in prices when assessing people's incomes?
No. I suggested to the Deputy that it is not possible to change the law to allow for any temporary matter that may arise.
Even when the law is being broken by some health boards?
Not in respect of this.
When the Minister says "law" in this connection does he mean a statutory regulation or an actual statue?
I would not say it was a regulation.
Which is it? Is it a statutory regulation or the actual statute?
I am not quite sure. If the Deputy cares to put down a question I will give him an answer.