Social Welfare Benefits

Dáil Éireann Debate, Tuesday - 30 May 2017

Tuesday, 30 May 2017

Questions (286)

Sean Fleming

Question:

286. Deputy Sean Fleming asked the Minister for Social Protection the arrangements in place in which a person in receipt of a means-tested payment from his Department inherits some assets from a person, in view of the fact it may take a considerable period of time for the estate to be administered and the assets to be transferred to a person that was is in receipt of the social protection payment; if the means are reassessed from the date of death of the relevant person; if overpayments are attributed to the person in receipt of payment from that date even though they have not received a benefit from the date of death but for a considerable period later; the timing in these matters; and if he will make a statement on the matter. [25561/17]

Written answers

Minister for Social Protection

Social welfare legislation provides that the weekly value of property (including capital) belonging to the person (not being property personally used or enjoyed by the person or his or her spouse or a farm of land leased either by the person) which is invested or otherwise put to profitable use or is capable of being, but is not, invested or put to profitable use and the weekly value, is assessable as means. These provisions also apply to similar property owned by a spouse, civil partner or cohabitant.

In order to assess the value of property, it must be capable of being sold, let or put to profitable use. In the case of capital such as bank deposits and so on, the sum involved must be capable of being used by the claimant to support him/her self. Accordingly, in the case of inheritances, the assessment will apply from the date the claimant becomes the legal owner of the property or capital i.e. the date probate is granted.

However, certain persons may come into the beneficial ownership of a property on the death of another person. Such cases could include, for example, a farm of land which a claimant may be farming and deriving an income from same prior to probate being granted. In such cases, the income derived from the personal use of the property may be assessable as means.

I trust this clarifies the matter for the Deputy.