Vol. 402 No. 10
37 Mr. O'Leary asked the Minister for Social Welfare if he will outline the way in which income from the letting of land which a person (details supplied) in County Kerry transferred to his nephew has been taken into account and assessed as means against him in connection with his application for payment of an old age non-contributory pension; and if he will make a statement on the matter.
Under social welfare legislation, a person who disposes of property in order to qualify for payment at a higher rate continues to be assessed with the value of that property for social welfare purposes.
The person concerned transferred his holding to a nephew who does not live on or near the holding and who has full time and permanent employment.
It was decided, following detailed investigation, that the pensioner was in a beneficial occupation of the holding and was deriving a real benefit from it. This decision was upheld by an appeals officer in June 1989.
The claim was reinvestigated this year and it was considered that control of the land had not passed to the nephew and a decision to that effect was made on 9 October 1990. Accordingly the current rate of pension, £43.00 per week, could not be increased in this case.
If there is any change in the pensioner's circumstances he should notify my Department of the changes and his case will be re-examined.
