Seán Fleming (Laois, Fianna Fail)
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745. To ask the Minister for Social Protection the provisions in place whereby a person has received a large compensation payment from the State as a result of medical negligence by the State; if this payment is considered means if the person is making a subsequent application to his Department for a social protection payment; the circumstances in which this can be disregarded in view of the nature of the compensation received; and if he will make a statement on the matter. [25547/16]

Leo Varadkar (Dublin West, Fine Gael)
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In the case of means-tested payments from my Department, such as disability allowance (DA), applicants are assessed with any cash income, property other than the home, and capital (such as savings, shares and investments). For all means-tested schemes, there is an initial amount of capital that is disregarded for means assessment purposes. For most schemes this disregard is €20,000 but, in the case of DA, it is €50,000. This means that a DA applicant with €50,000 in savings (and no other means) can be assessed as having nil means and, as a result, receive the maximum rate of DA.

Social welfare legislation provides for the disregard of certain compensation awards when assessing the means of a person for social assistance schemes, including DA. All income derived from compensation awarded by the Hepatitis C and HIV Compensation Tribunal, by the Residential Institutions Redress Board and in relation to disability caused by thalidomide is exempt from means assessment. Any payment made by the Residential Institutions Statutory Fund Board is similarly disregarded. In addition, ex gratia payments made through the Symphysiotomy Payment Scheme or to women who were admitted to and worked in the Magdalen Laundries are also disregarded in social welfare means assessments.

All other compensation or court awards which are not provided for in social welfare legislation are assessed in the normal manner.

I hope this clarifies the matter for the Deputy.