Brendan Griffin (Kerry, Fine Gael)
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283. To ask the Minister for Employment Affairs and Social Protection if a decision has been made on an application for fuel allowance by a person (details supplied) in County Kerry; and if she will make a statement on the matter. [50780/22]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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The Fuel Allowance is a contribution towards the energy costs of a household. The payment of €33 per week for 28 weeks (a total of €924 each year) is paid from late September to April.

One of the conditions for receipt of fuel allowance is that a person must satisfy a means test. The fuel allowance means test is linked to the maximum rate of State pension (contributory). An individual can have a weekly income of €120.00 above the maximum rate for State pension (contributory) plus any increases for age, living alone and dependants and still be eligible for the fuel allowance.

On 25 January 2021, the person concerned applied for fuel allowance. Following a means assessment, it was determined that the household means were €1,393.73 which exceeded the permissible weekly means of €570.80 for the household. The application was disallowed, and the person concerned was notified in writing on 14 April 2021.

As the Deputy is aware, I announced an increase in the fuel means threshold for those aged under 70 from €120.00 to €200.00 from January 2023. As the household means of €1393.73 exceeds the new permissible means of €703.10 for the household, the person concerned will not qualify for fuel allowance from January 2023. However, if there has been a change in their circumstances, it is open to them to re-apply for the fuel allowance.

Officials in my department are currently managing large volumes of applications for fuel allowance. If the person concerned has recently submitted a new application for fuel allowance, a decision will be made and they will be notified of the outcome.

Under the Supplementary Welfare Allowance scheme, Exceptional Needs Payments may be made to help meet an essential, once-off cost which customers are unable to meet out of their own resources, and this may include exceptional heating costs. Decisions on such payments are made on a case-by-case basis.

I hope this clarifies the position for the Deputy.

Brendan Griffin (Kerry, Fine Gael)
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284. To ask the Minister for Employment Affairs and Social Protection if a decision has been made on an application for fuel allowance by a person (details supplied) in County Kerry; and if she will make a statement on the matter. [50782/22]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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I can confirm that my department received an application for fuel allowance from this person on 29 September 2022.

Fuel allowance is a means tested payment, payable to people who either live alone or only with certain other qualified people.

Based on the information provided to the Department, the person concerned does not qualify for this allowance as their household includes people who are not in a qualifying category. The person concerned was notified in writing of this decision on 10 October 2022.

I trust this clarifies the matter for the Deputy.

Kathleen Funchion (Carlow-Kilkenny, Sinn Fein)
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285. To ask the Minister for Employment Affairs and Social Protection the reason that the disability allowance is means tested for couples who are not married; and if she will make a statement on the matter. [50783/22]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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Social welfare legislation provides that, for social assistance schemes such as Disability Allowance, all income and capital (such as savings, investments and property other than the family home) belonging to the claimant and his or her spouse/partner, where applicable, are assessable for means assessment purposes.

This approach reflects the policy of ensuring that those with the least amount of income or capital receive the maximum available support from the State, while those with larger amounts of income, savings or property contribute, partially or fully, towards meeting their needs.

If a claimant is married, in a civil partnership or cohabiting, the means of the couple will be assessed. This is the case even if only one of the couple is actually claiming a payment.

The social welfare system has evolved over time and in response to a variety of factors, including Constitutional imperatives as interpreted by the Courts, changing social trends and EU Directives.

The EEC Equality Directive 79/9 and a subsequent Supreme Court case led to the current treatment of non-married cohabiting couples in the social welfare code. The Court ruled that it was unconstitutional for the total income a married couple received in social welfare benefits to be less than the couple would have received if they were unmarried and cohabiting. This means that for social assistance means tested schemes, married couples, civil partners and cohabiting couples are all treated in the same manner.

I trust this clarifies the matter for the Deputy.