asked the Minister for Social Welfare the basis on which his Department formed the opinion that persons (details supplied) in County Kerry transferred capital to their daughters for old age pension purposes as it was transferred as a dowry to each having regard to services rendered to their parents over the years; and if he will make a statement on the matter.
Written Answers. - Assessment of Means.
162.
Social Welfare legislation provides that if it appears that a person has directly or indirectly deprived himself of any income or property in order to qualify for an increase in pension the yearly value of that income or property shall be taken to be part of his means. In this instance, the transfer of a substantial sum of capital to the applicant's daughters was deemed to have been done in order to qualify the applicants for an increase in their pensions. Consequently, the amount involved was included in their means assessment for the purpose of determining their claim for an increase in their pensions.
Both the persons concerned are in receipt of weekly old age non-contributory pensions of £42. This is the rate of pension appropriate to weekly means of £12.69. The case was considered by an appeals officer on 19 June 1989 when the deciding officer's decision was upheld. An appeals officer's decision is final in the absence of new evidence or fresh facts.