Dáil Éireann Debate, Tuesday - 21 March 2023
846. Deputy Seán Canney asked the Minister for Social Protection her views on whether the exclusion of people not in receipt of a social protection payment from the sale of residence disregard, particularly in circumstances in which the treatment of this disregard has resulted in a large overpayment arising against the estate of a deceased person is unfair; and if she will make a statement on the matter. [13735/23]
View answerThe Department operates a range of means-tested social assistance payments. The means test takes account of the income and assets of the person (and spouse / partner, if applicable) applying for the relevant scheme. Income and assets include income from employment, self-employment, occupational pensions, maintenance payments as well as property owned (other than the family home) and capital such as savings, shares, and other investments.
If a social welfare recipient sells their home, the proceeds of the sale are normally taken into account as means. However, social welfare legislation provides for a specific disregard for recipients of the State Pension (Non-Contributory), Disability Allowance or Blind Pension when they sell their home in certain situations.
For these schemes, the means test does not take into account up to €190,500 of the gross proceeds of the sale if the person:
- moves to more suitable accommodation;
- moves in with someone who is caring for them and getting a carer's payment;
- moves to sheltered or special housing in the voluntary, co-operative, statutory or private sectors; or
- moves into a registered private nursing home.
If a recipient of one of these schemes dies, the property is no longer considered their residence as it then becomes an asset of their estate.
Recipients of means tested social protection schemes are obliged, at claim stage, to provide full details of any income(s), assets, savings and investments they (or their spouse/civil-partner/cohabitant) hold and, following award of claim, to notify the Department of any material changes in their circumstances that may affect their entitlement.
If the Deputy would like to contact my Department and provide details of any specific cases where he feels there is an issue, my officials can look into these cases and provide a more detailed response.
I trust this clarifies the matter for the Deputy.
