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Statutory Instruments

Dáil Éireann Debate, Thursday - 10 October 2013

Thursday, 10 October 2013

Questions (114)

Róisín Shortall


114. Deputy Róisín Shortall asked the Minister for Social Protection if she will confirm that Statutory Instrument 616/2011 is applicable to claimants in receipt of a benefit at the time the regulation was signed as well as future claimants; when and in what manner pre-existing claimants were informed of changes in the rules; and how new claimants are informed of these rules. [42871/13]

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Written answers (Question to Social)

Statutory Instrument No. 616 of 2011 applies only to transfers of assets (income or property) occurring on or after the commencement date of the Regulation, 29 November 2011.

Where it is noted that such a transfer of assets has been undertaken, on or after that date, by a person in respect of whom a means-tested increase for qualified adult is being claimed by a contributory pension recipient, a deciding officer will carefully consider the facts and circumstances of the case. This will determine if the transfer constitutes a deprivation within the meaning of the Regulation, in order to qualify for, or to enhance the weekly rate of increase for qualified adult payable.

The Department ensures that all information in relation to its schemes are available on the website This includes reference to the underlying principle of deprivation of assets in the context of means testing for schemes operated by the Department. The website has recently been updated to ensure that the information in relation to contributory pensions reflects the legislative provisions.