Joan Burton (Dublin West, Labour)

I am aware Deputy Durkan personally attended the appeal in this case. The matter arises from the review of a jobseeker's allowance claim in July 2009. The claimant was assessed with the capital value of farmland which she owns in Donegal and which she is neither using personally nor leasing to anybody else. She was assessed with weekly means of €570 based on the capital value of the farm. As her means were in excess of the statutory limits for receipt of the jobseeker's allowance, her claim was disallowed with effect from 12 August 2009.

She appealed this decision to the social welfare appeals office and her appeal was heard by a social welfare appeals officer on 15 February 2011. The appeals officer, having considered all the available evidence, disallowed her appeal after conducting an oral hearing.

Payment of jobseeker's allowance is subject to, among other things, the condition that the claimant must satisfy the means criteria. The rules as to calculation of means are set out in the relevant social welfare legislation. This legislation provides that, in assessing the means from property, land is assessed on its capital value basis where the claimant owns or has a legal interest in the land, and is not resident on the land; is not personally using the land; and legal possession of the land has passed to the person leasing the land so that the claimant cannot repossess it while the person leasing the land continues to fulfil the conditions of the lease. In this case, the person owns the land but is not leasing it on an 11-month lease. Consequently, it is assessed under the rules on its capital value.

The claimant put the farm up for sale and the asking price by her auctioneer was €175,000. The social welfare inspector who investigated the means for the review took the certified value of the land as set out by the auctioneer. The amount of means assessed from the property is €570 per week which is in excess of the statutory limits for receipt of jobseeker's allowance and her claim was refused on 12 August 2009.

While a formal decision issued to her advising that her claim had been disallowed, an administrative error was made in recording this decision. She was inadvertently paid jobseeker's allowance, equivalent to the full personal rate, qualified adult rate and two child dependants from 12 August 2009 to 15 February 2011. The claimant appealed the decision to disallow her claim to the social welfare appeals office. The Department submission and papers were sent to the social welfare appeals office on 15 August 2009. There was an oral hearing of the appeal on 11 February 2011 by the appeals officer. The appeals officer, having considered all the available evidence, disallowed the appeal.

As Deputy Durkan is aware, the person concerned applied for and is currently in receipt of supplementary welfare allowance since the stopping of the jobseeker's allowance payment, and this is now being investigated.

See this speech in context