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Dáil Éireann debate -
Thursday, 19 May 1977

Vol. 299 No. 9

Ceisteanna—Questions. Oral Answers. - Means Assessment.

14.

asked the Minister for Social Welfare the criteria used in establishing the means of small farmers who are applicants for unemployment assistance.

Two sets of criteria are used in establishing the means of smallholders who are applicants for unemployment assistance depending on their area of residence and the rateable valuation of their holdings.

In the case of smallholders in certain specified areas, the rateable valuation of whose holdings is £20 or under, means derived from land are assessed on a notional basis by applying a multiplier of £20 for each £1 valuation where the land valuation is £15 or less and a multiplier of £30 for each £1 valuation where the land valuation exceeds £15 but does not exceed £20. Income other than farm income, if any, is determined on a factual basis under the general provisions of the unemployment assistance scheme. The specified areas in which this method of assessment of means of small farmers applies are Counties Cavan, Clare, Donegal, Kerry, Longford, Monaghan, the Counties of Connaught and parts of West Cork and West Limerick.

In the case of smallholders in the specified areas with land valuations exceeding £20, and smallholders outside of these areas irrespective of their land valuations, the means are assessed on a factual basis. The statutory basis for such assessment is contained in the main section 13 of the Unemployment Assistance Act, 1933, and the Unemployment Assistance (Calculation of Means) Regulations, 1934, as amended.

Do I take it that the means as outlined by the Parliamentary Secretary are applied to the rated occupier of a holding?

There are two bases. One is on a notional basis which would be in relation to the rates, and the other would be a factual basis of assessed income.

In a situation where there is what is described as a beneficial owner, a person living on the holding who may not be the rated occupier, in assessing the means is the beneficial owner subject to the same criteria as the rated occupier?

The person who would derive benefit from lands that would be in those rate categories.

Apart from the notional system, when a farmer is being assessed on a factual basis, what system is being used to assess the estimated income of a small farmer? I asked this supplementary question before but I was not satisfied with the reply. The small farmer's income must be assessed on an estimated income from farming. I am sorry to be so long-winded but I want to make this clear. In answer to a supplementary question of mine the Parliamentary Secretary said the system was similar to the old age pension system which is based on an estimated income also.

Let us come to the nub of the question.

It is the same as the old age pension but no allowance is given for family labour in the assessment for unemployment assistance.

The details of what is taken into account in the assessment are set out in the Unemployment Assistance Act, 1933, which was amended by regulation in 1934. The actual items which are taken into consideration are spelled out in those Acts.

The question of factual income never arose in the case of small farmers until the change because they were always on a valuation basis. Now, anybody over £20 poor law valuation has to go on factual income. I am asking what the system is, because it was not in operation before for small farmers.

That is not quite correct. Before any adjustment was made in the calculation, approximately 7,000 farmers had opted for factual assessment, and approximately that number have been on factual assessment down through the years. The means by which the assessment is made and the items taken into consideration in the assessment are spelled out in the Acts I mentioned.

They opted for it but it was never compulsory before. Once you have over £20 poor law valuation you now go on the factual income and that is why we are so——

That is not a question.

Whether a person opts for it or whether it is compulsory does not affect the system which applies. It is the same system as applied over the years.

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