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Social Welfare Benefits.

Dáil Éireann Debate, Wednesday - 10 November 2004

Wednesday, 10 November 2004

Ceisteanna (147)

Damien English

Ceist:

195 Mr. English asked the Minister for Social and Family Affairs the reason a person (details supplied) in County Meath is being penalised in the one-parent family payment for rental income that is not being received by them; and if he will make a statement on the matter. [28255/04]

Amharc ar fhreagra

Freagraí scríofa

The person concerned is currently in receipt of one parent family, widowed person's, payment at the weekly rate of €82.30 and a child dependent allowance payment of €19.30 per week.

One parent family payment is a means tested payment and all income is assessable as means. When assessing a person's means, account must be taken of any savings, investments, property or income which the person may have. It was decided on 3 May 2002 that the person concerned was entitled to a reduced rate one parent family, widowed person's, payment, based on means of €60 per week derived from the letting of a premises adjacent to his family home. This decision was subsequently appealed and the deciding officer's decision was upheld by an appeals officer in November of 2002.

Representations were subsequently received from the Deputy in March of 2004 to the effect that the person concerned was not in receipt of rental income from the premises, as his son was now in receipt of the relevant income.

However, where a person deprives himself of income, in order to qualify for an increase in payment, the legislation provides that the income foregone continues to be assessed as means. Following further investigation by a local officer, the application for an increase was disallowed by a deciding officer on 23 October 2004, as the income from the premises continues to be assessed as means. The person concerned was notified of this decision and of his right of appeal.

Under social welfare legislation, decisions on claims are made by deciding officers and appeals officers. These officers are statutorily appointed and I have no role in regard to making such decisions.

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