Dáil Éireann Debate, Wednesday - 18 September 2013
645. Deputy Denis Naughten asked the Minister for Social Protection if compensation paid by the State (details supplied) is assesed as means for jobseeker's allowance; and if she will make a statement on the matter. [37874/13]
Amharc ar fhreagraSocial welfare legislation provides for the disregard of certain compensation awards when assessing the means of a person for social assistance schemes including jobseeker’s allowance. These awards are those made:
- by the Compensation Tribunals established in relation to Hepatitis C and HIV,
- to persons who have disabilities caused by Thalidomide,
- under the provisions of the Health (Repayment Scheme) (Nursing Homes), or
- by the Residential Institutions Redress Board.
There is no legislative provision to exclude other compensation awards from the means tests for social assistance schemes. Such awards are treated as capital for means testing purposes. The yearly value of property (excluding the family home) and capital is assessed on a notional basis. The first €20,000 of combined capital and property is then disregarded. The balance is assessed by reference to a formula.
I understand that the Deputy is not referring to a current or past claim for jobseeker’s allowance. In the event of a jobseeker’s claim being made, any compensation award received will be examined to determine whether it comes within the scope of the current exemptions and in the context of the full circumstances of the individual case.
