Written answers

Thursday, 7 October 2010

Department of Social and Family Affairs

Social Welfare Benefits

5:00 pm

Photo of Jack WallJack Wall (Kildare South, Labour)
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Question 167: To ask the Minister for Social Protection the reason a person (details supplied) in County Kildare was refused domiciliary care; and if he will make a statement on the matter. [35467/10]

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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An application for Domiciliary Care Allowance (DCA) was received on the 16th April 2010 from the person in question. This application was referred to one of the Department's Medical Assessors who found that her child was not medically eligible for DCA. A letter issued to the person in question on the 27th September 2010 where she was advised of the decision to refuse DCA. In the case of an application which is refused on medical grounds, the applicant may submit additional information and/or ask for the case to be reviewed or they may appeal the decision directly to the Social Welfare Appeals Office within 21 days.

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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Question 168: To ask the Minister for Social Protection if there is legislation protecting the rights of persons who are unable to sell their homes for over three years and who are now being refused benefits; and if he will clarify the current situation [35482/10]

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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Social welfare legislation provides that the yearly value of "property owned but not personally used or enjoyed" is assessable for means testing purposes. Such property includes houses and premises owned by a claimant which may or may not be put to commercial use. However, it does not include property such as the home at which they reside or, for example, a premises used by the claimant in carrying out a business.

For assessment purposes, the current market value of the property is established as well as the amount of any outstanding mortgages on that property. The balance (market value less outstanding mortgage) is assessed by reference to a formula. Where the current market value is less than the outstanding mortgage, no assessment is made. The current market value of a property is the best estimate of what would be achievable if the property was offered for sale. Such an estimate will have regard to reductions in prices over recent years.

In establishing the current market value of a property, my Department may make enquiry of the State Valuation Office. Alternatively, the market value may be established through receipt of a reasonable current valuation from a registered auctioneer, with reference to the purchase price and date of purchase of the property or, alternatively, the inspector may agree a valuation with a customer having regard to the type and location of the individual property and prevailing market values in that area. These provisions apply in the case of a homeowner who buys a house without having sold their original home. Where a claimant considers that a decision on his or her claim is based on a market value of a property which is too high, he or she may appeal that decision to the Social Welfare Appeals Office.

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