Michael Creed (Cork North West, Fine Gael)
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Question 556: To ask the Minister for Social and Family Affairs if he will clarify the treatment of compensation awards made by the Courts for persons with a disability under the social welfare code; and if he will make a statement on the matter. [11528/08]

Martin Cullen (Waterford, Fianna Fail)
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Disability allowance is the principal means tested social assistance payment available from my Department for persons with disabilities. As is the case with all social assistance payments, disability allowance is subject to a means test. For the purposes of assessing means, the proceeds of court awards are treated as capital. Since June 2007, the following method has applied to the assessment of capital for disability allowance—

i. the first €50,000 of capital is disregarded in full;

ii. capital between €50,000 and €60,000 is assessed on the basis of €1 weekly means for each €1,000 of capital;

iii. capital between €60,000 and €70,000 is assessed on the basis of €2 weekly means for each €1,000 of capital; and

iv. capital above €70,000 is assessed on the basis of €4 weekly means for each €1,000 of capital.

Under these arrangements, a single person is able to have capital of up to €111,999 and still qualify for a minimum payment of disability allowance.

In addition, any compensation payment is disregarded in full in the means assessment for disability allowance when awarded:

a. by the Compensation Tribunal established by the Minister for Health on 15 December, 1995, the Hepatitis C Compensation Tribunal established under section 3 of the Hepatitis C Compensation Tribunal Act 1997, the Hepatitis C and HIV Compensation Tribunal established under section 2 of the Hepatitis C Compensation Tribunal (Amendment) Act 2002, or by a court of competent jurisdiction, to compensate certain persons who have contracted Hepatitis C or Human Immunodeficiency Virus within the State from the use of Human Immunoglobulin — Anti-D, whole blood or other blood products,

b. by the Residential Institutions Redress Board established under section 3 of the Residential Institutions Redress Act 2002

c. to persons who have disabilities caused by Thalidomide, or

d. under the provisions of the Health (Repayment Scheme) Act 2006 to a relevant person (within the meaning of that Act).