Michael Ring (Mayo, Fine Gael)
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Question 538: To ask the Minister for Social and Family Affairs if he has sought legal advice on his Department's methods in relation to the assessment of property and the notional income derived from it when assessing a person for social welfare; if the assessment method is legal; and if he will make a statement on the matter. [1107/05]

Séamus Brennan (Dublin South, Fianna Fail)
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I am satisfied that the current provisions for assessing property are legal and equitable. In assessing means for social assistance purposes, account is taken of any cash income the person may have, along with the value of property, including capital. Property may include stocks and shares of every description, savings certificates, bonds and national instalment savings, money invested in a bank or building society or property owned by the claimant other than a domestic dwelling or a farm or land personally used by the claimant.

Means from capital and property are assessed in accordance with the Third Schedule to the Social Welfare (Consolidation) Act 1993, as amended, which provides, inter alia, that the weekly value of property belonging to a person which, though capable of investment or profitable use is not invested or put to profitable use, shall be deemed to constitute the weekly means of the person from the property, such weekly value being calculated in accordance with the prescribed rules. While a person may not at a given point of time have tangible income from a property owned by him or her, the property is nonetheless an asset that is either capable of providing an income or of being sold.