Dáil Éireann Debate, Tuesday - 9 April 2024
777. Deputy Pádraig Mac Lochlainn asked the Minister for Social Protection how a person who is expected to receive financial compensation due to having two faulty hip replacements implanted will be treated for their current social protection benefits mindful of the current means test for persons in receipt of disability allowance; and if she will make a statement on the matter. [14547/24]
View answerSocial welfare legislation provides that means tests take account of the income and assets of the person (and their spouse or partner, if applicable) applying for the relevant scheme. The means assessment includes income from employment, self-employment, occupational pensions and maintenance payments. It also includes property owned other than the family home and capital such as savings, shares, and other investments.
Social welfare legislation provides for the disregard of certain compensation awards when assessing the means of a person.
These disregards include, for example, all income derived from payments awarded by the Hepatitis C and HIV Compensation Tribunal, the Residential Institutions Redress Board and payments made in relation to disability caused by Thalidomide.
In addition, ex gratia payments made to women who were admitted to and worked in the Magdalen Laundries, or through the Symphysiotomy Payment Scheme, or payments made by the Minister of Health in accordance with recommendations proposed by the Scoping Inquiry into the CervicalCheck Screening Programme are also disregarded.
All compensation or court awards which are not specifically provided for in social welfare legislation are assessed in the normal manner. However, most social assistance schemes have an initial capital disregard of €20,000. In the case of Disability Allowance, the first €50,000 of capital is disregarded.
Any changes to the means assessment of social assistance schemes would have to be considered in the overall policy and budgetary context.
