Written answers

Wednesday, 18 May 2022

Department of Employment Affairs and Social Protection

Social Welfare Eligibility

Photo of Noel GrealishNoel Grealish (Galway West, Independent)
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140. To ask the Minister for Employment Affairs and Social Protection the future entitlements of a disabled person currently entitled to State disability services when they inherit half the family home upon their parents' death, which would continue to be their primary residence; the position in a case in which the family home was to be sold; and if she will make a statement on the matter. [25264/22]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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The Department operates a range of means-tested social assistance payments. Social welfare legislation provides that the means test takes account of the income and assets of the person (and spouse / partner, if applicable) applying for the relevant scheme. Income and assets include income from employment, self-employment, occupational pensions, maintenance payments as well as property owned (other than the family home) and capital such as savings, shares, and other investments.

As the residence in the case outlined by the Deputy remains the claimant’s family home, the inheritance will not impact on, for example, a Disability Allowance payment if the person was in receipt of that scheme.

In the case where a Disability Allowance claimant sells their home, the means test does not take into account up to €190,500 of the gross proceeds of the sale if the person:

moves to different accommodation;

moves in with someone who is caring for them and getting a carer's payment;

moves to sheltered or special housing in the voluntary, co-operative, statutory or private sectors; or

moves into a registered private nursing home,

If the person uses the proceeds of the sale to buy more suitable accommodation, the balance of the proceeds after buying the new accommodation is exempt up to a limit of €190,500.

Any amount above this is assessed as capital. For Disability Allowance the capital assessment formula is as follows: the first €50,000 is fully disregarded; the next €10,000 is assessed at €1 per thousand, the next €10,000 is assessed at €2 per thousand, with the remainder assessed at €4 per thousand.

If the Deputy wants to contact my Department and provide relevant details, my officials can provide a more detailed and specific response in relation to any specific case.

I hope this clarifies the matter for the Deputy.


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