Róisín Shortall (Dublin North West, Independent)
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38. To ask the Minister for Social Protection following her signature of Statutory Instrument S.I. 616/11, the reason no pre-existing claimants were directly informed of the changes introduced to the rules of the scheme; the protocols in place in her Department to inform claimants of rule changes so that they may remain in compliance with the conditions of the scheme under which they are claiming and if these protocols were followed after her signature of S.I. 616/11; if she will seek legal advice on the soundness of relying on this statutory instrument in respect of pre-existing claimants when her Department made no effort to contact claimants directly to inform them of rule changes; and if she will make a statement on the matter. [43833/13]

Joan Burton (Dublin West, Labour)
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In all cases, it is a legal obligation, and the expectation of the Department, that applicants will supply all relevant information as part of their application process, and that they will subsequently report any changes in their circumstances, as such changes may affect their ongoing entitlements. In the context of State pension (transition/contributory) where an increase of qualified adult is in payment, this reporting obligation applies to both the primary recipient and their qualified adult should any change in the latter's circumstances occur, such as the transfer of an asset. Similarly, it is a long established principle of the social welfare code that an individual does not deprive themselves of income or assets in order to qualify for a payment, or for a higher rate of payment than would otherwise have been granted. This principle has been in operation across the means tested social assistance schemes, including State pension (non-contributory) for many years. SI No. 616 of 2011 extends this provision to the means tested increase for qualified adult payable on State pension (transition/contributory).

There is a sound policy rationale and legal basis for extending the provisions of existing deprivation legislation to State pension (transition/contributory) new applicants and existing recipients. It is not the practice, nor would it be practical or cost effective, that the Department would undertake a direct individual information mailshot to all of customers who may be affected each time a legislative change is made which may affect them. The Department ensures that all information in relation to its schemes is available on the website . This includes reference to the underlying principle of deprivation of income or assets in the context of means testing for schemes operated by the Department. The website has recently been updated to ensure that the information in relation to contributory pensions reflects the legislative provisions.