Under the sale of residence provisions a person may sell his or her home and buy or rent more suitable accommodation without the sale proceeds affecting his or her weekly means for social assistance purposes, subject to specified limits. These provisions also apply in certain other instances. For example, where a person moves into a private nursing home or moves in with a person who is getting a carer's payment for looking after them.
In all cases the balance of the sale proceeds of the principal private residence is disregarded when assessing the weekly means of a claimant for certain non-contributory payments from my Department. The current maximum level of disregard is €190,460.71.
The special provision was enacted in the Social Welfare Act 1990 and in regulations made in 1991 and subsequently. Without further details of the case I cannot state how a sale of residence made before 1991 would be treated for old age pension scheme means assessment purposes. If the Deputy supplies details of cases to my Department the matter will be examined.