Tommy Broughan (Dublin North East, Independent)
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54. To ask the Minister for Social Protection if she will report on State pensions for married couples and the restrictions placed on them regarding joint assets; the limit on assets of a dependent of a main contributory pension; the way these restrictions would differ if a couple held their assets in separate accounts; and if she will make a statement on the matter. [14135/15]

Joan Burton (Dublin West, Labour)
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The general eligibility conditions for entitlement to State Pension Contributory for claimants and their dependants are set out in legislation, primarily in the Social Welfare Consolidation Act, 2005 and the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), as amended. Section 112(1) of the Act provides for an increase in the weekly rate of State Pension Contributory where the claimant has a qualified adult. A “qualified adult” is defined in the Act and is generally the spouse, civil partner or cohabitant of a claimant who is wholly or mainly maintained by that person, subject to certain conditions. As the State pension contributory is a PRSI based payment it is not means tested. However where a person wishes to claim for a qualified adult the income and assets of the qualified adult are assessed. Articles 7, 8 and 10 of the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007) contain provisions with regard to qualified adults.

On the other hand, eligibility for State Pension Non-Contributory is means tested and takes into account the income and assets of both the claimant and his or her spouse or partner. Capital, property (excluding a person's home), savings and investments are assessed as capital and a formula is then used to assess the weekly means from capital. The weekly rate payable depends on the total weekly means of the person or couple. Schedule 3, Part 3 of the Act provides for rules as to calculation of the means of a person who is one of a couple living together as follows –

(a) the means of the person is taken to be one-half of the total means of the couple;

(b) the person is deemed to be entitled to one-half of all property to which the person or the other member of the couple is entitled or to which the person and the other member of the couple are jointly entitled;

(c) the means of each member of the couple shall first be determined in accordance with these rules and the total means shall be the sum of the means of each member as so determined.

Weekly income is calculated or estimated and includes the following -

- Income from employment or self-employment;

- Weekly value of income from property which is, or is capable of, being put to profitable use;

- Income from any other source including but not confined to, savings, investments, rent or periodical payment from the letting or use of property, income from an occupational pension, foreign social welfare payments, income from a trust fund, income under a deed of covenant, other cash income;

Means from capital is assessed as follows:

The payment of an Increase for a Qualified Adult (IQA) is determined as follows:

- Where the means of the adult dependent are assessed as less than €100, a full IQA is paid.

- Where the means of the adult dependent are assessed as between €100 and €310, a reduced rate of IQA is paid.

- Where the means of the adult dependent are assessed as more than €310, an IQA is not paid.

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 may not be awarded or may be ceased.