Brendan Griffin (Kerry South, Fine Gael)
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135. To ask the Minister for Social Protection her plans to review the legislation on the transfer of assets from husband to wife; and if she will make a statement on the matter. [41630/13]

Joan Burton (Dublin West, Labour)
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It is a fundamental principle of the social insurance system that those qualifying for benefits must satisfy a range of contribution and other conditions, including a sufficient and on-going attachment to the social insurance system. Once fulfilment of those conditions is achieved, there are a number of additional payments that may be available to recipients in certain circumstances. One such payment is the increase for qualified adult which is payable once the financially dependent adult satisfies a means test.

The decision to transfer or dispose of income or property is entirely a matter for the individual concerned. However, where a Deciding Officer notes that a transfer of assets (income or property) has occurred by a person in respect of whom a means tested increase for qualified adult is being claimed, s/he will carefully consider all of the facts and circumstances of the individual case. This includes requesting any necessary documentation or evidence in order to determine if that person has directly or indirectly deprived themselves of any income or property in order to qualify for or to improve the weekly rate payable. If evidence in this regard is found, the payment will not be awarded or will be ceased.

Under the provisions of the governing legislation, an individual is not permanently disentitled. If a significant change in circumstances is reported to the Department, this will be examined. Each case is examined on its own merits taking all of the circumstances of the case into account. I have no plans to review the legislation.