Séamus Kirk (Louth, Fianna Fail)
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50. To ask the Minister for Social Protection in a case where a social welfare applicant is applying for a means-tested payment and transfers property to a family member to outline the impact such a transfer has on the calculation of means; and if she will make a statement on the matter. [24353/15]

Joan Burton (Dublin West, Labour)
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The transfer of property or other assets by a social welfare claimant or a prospective social welfare claimant is entirely a matter for the persons concerned. However, social welfare legislation provides, in relation to a means tested payments, that where a claimant has directly or indirectly deprived himself or herself in order to qualify for such a payment or in order to qualify for a higher rate of payment, the value of the property or income concerned may be assessed as the means of the claimant.

It should be noted that transfers are examined on a case by case basis and the deciding officer must be satisfied that the transfer was for the purposes of receiving a welfare payment as distinct, for example, for another purpose such as a family settlement before assessing the value of any property or income transferred.

Social welfare legislation also provides that, in the case of the State Pension Non-Contributory, transfers made to the claimant’s children, or the transfer of a farm which was owned and/or occupied by the claimant, will not impact on the means test of a claimant and these transfers cannot be considered as depriving oneself of income or property.