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Tax Code

Dáil Éireann Debate, Tuesday - 16 May 2023

Tuesday, 16 May 2023

Questions (450)

Seán Canney

Question:

450. Deputy Seán Canney asked the Minister for Social Protection the reason the sale of residence disregard is not applicable to a person who is not a burden on the State at the date of disposal; and if she will make a statement on the matter. [22579/23]

View answer

Written answers

The 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.

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