Dáil Éireann debate -
Tuesday, 4 Dec 2001

Vol. 545 No. 4

Written Answers. - Compensation Orders.

Tony Killeen

Question:

316 Mr. Killeen asked the Minister for Social, Community and Family Affairs if a compensation order made pursuant to section 6 of the Criminal Justice Act, 1993, will be treated as capital or income for the purposes of victim's entitlement to social welfare and community welfare assistance. [30515/01]

Minister for Social, Community and Family Affairs (Mr. D. Ahern)

Section 6 of the Criminal Justice Act, 1993, authorises criminal courts to require offenders to pay compensation to their victims for any personal injury or loss suffered. The purpose of this compensation is to restore the injured party to their situation prior to the offence taking place. Accordingly, this form of compensation is similar to compensation claimed through civil proceedings. Court awards for compensation do not affect entitlement to social insurance payments, but are, in general, assessable as means for social assistance purposes. However, where the compensation relates to losses arising from damaged to stolen property and the compensation award is used by the victim to repair or replace that property, then no assessment will be made.

If, on the other hand, the injured party decides to invest the compensation award instead of replacing or repairing the damaged or stolen property, then the sums involved would be treated as capital for means-tested social assistance purposes. The normal rules relating to the assessment of capital would apply to such sums, i.e. the first £10,000 is disregarded, the next £10,000 is assessed at £1 weekly means for each £1,000 of capital, the next £10,000 is assessed at £2 weekly means for each £1,000 of capital, with the balance being assessed at £4 weekly means for each £10,000 of capital.

Question No. 317 Answered with Question No. 314.