Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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725. To ask the Minister for Employment Affairs and Social Protection the steps a person should take who does not qualify for a social welfare payment due to his or her spouse's earnings although they are estranged but compelled to live under the same roof due to the housing crisis; and if she will make a statement on the matter. [6749/19]

Regina Doherty (Meath East, Fine Gael)
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Social welfare legislation provides that all income (including earnings) and assets belonging to the claimant and his or her spouse, partner or cohabitant are assessable for social welfare means testing purposes.

Where a person remains living in the same household as their spouse, social welfare inspectors have a key role in investigating and advising the Department’s deciding officers on whether a couple are separated for means testing purposes. In this regard, no single criterion can necessarily support a decision that a couple are separated or not. The criteria for assessment include, but is not limited to:

- the duration of the relationship;

- the basis on which the couple live together;

- the degree of financial dependence of either adult on the other and any agreements in respect of their finances;

- the degree and nature of any financial arrangements between the adults;

- whether there are one or more dependent children;

- whether one of the adults cares for and supports the children of the other;

- the degree to which the adults present themselves to others as a couple.

If the deciding officer considers the couple to be separated, then the earnings of the spouse/partner would not be included in the means assessment. However, any maintenance payments (including the payment of rent/mortgage) would then be assessable.

It is open to the claimant to appeal a decision made by the Department to the Social Welfare Appeals Office within 21 days of the decision.