Dáil Éireann Debate, Tuesday - 8 November 2016
237. Deputy Pearse Doherty asked the Minister for Social Protection the stage at which a person must make a disclosure in respect of property which is expected to be inherited but which is currently under probate administration for the purposes of calculating the means of a person; and if he will make a statement on the matter. [33770/16]
View answerIn assessing means for social assistance payments, account is taken of the income and the value of property, including capital, of the claimant and his or her spouse/partner. Social welfare legislation provides that the yearly value of property (including capital) owned but not personally used or enjoyed is assessable for means testing purposes. Such property includes all monies held in financial institutions or otherwise, the market value of shares as well as houses and premises owned by a claimant which may or may not be put to commercial use. However, it does not include property such as the family home a person is personally using or enjoying i.e. residing in or, for example, a premises used by the claimant in carrying out a business.
In order for property to be assessable for means purposes, it must be owned by a claimant (or his or his spouse/partner, where applicable). In this regard, a property which is under probate administration is not assessable for means testing purposes. A claimant should advise the Department of any increase in their means as soon as probate is granted.
However, where a person is in beneficial occupation of a property and is carrying out a business thereon e.g. farming, the income from such a business may be assessable despite the fact that probate has not as yet been granted. Claimants should notify the Department where this is the case.
