Brendan Ryan (Labour)

I move amendment No. 5:

In page 9, subsection (2), line 19, after "enactment" to insert "or under any other scheme for the assessment".

Unlike some of the other amendments, which I suppose were a little contentious, this amendment and amendments Nos. 6 and 7 represent a simple attempt on my part to clarify something. Amendment No. 5 relates to any assessment of people's means by the State, under an enactment or otherwise. People's means are sometimes assessed when there is no legal or legislative basis for it — there might be an administrative basis for it. I want to ensure that the receipt of repayments under this legislation will not affect anything when people's means are tested, regardless of how their means are tested.

I choose to believe at this stage that the Government intends that no means-tested assistance or support of any kind will be affected by the receipt of repayments of this nature. I have often adverted in this House to the fact that if one wins the lotto, one's winnings are not subject to income tax but they do affect one's entitlement to social assistance. While that seems like a peculiar approach, I can see the logic behind it. If one sues for damages following a car accident and is awarded damages as a payment for one's loss, the moneys in question are assessed as part of one's means for the purposes of social welfare assistance. I know about this matter because an aunt of mine, who is now deceased, had her pension reduced in such circumstances. The idea is that the compensation for damage one receives is regarded as part of one's positive income. I have tabled amendment No. 5 to ensure that no form of means-tested payment will be affected by these repayments. I will speak about amendments Nos. 6 and 7 in a moment.