Written answers
Thursday, 16 October 2025
Department of Employment Affairs and Social Protection
Social Welfare Benefits
Willie O'Dea (Limerick City, Fianna Fail)
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271. To ask the Minister for Employment Affairs and Social Protection when a decision will be made on an application for the fuel allowance by a person (details supplied), who is in receipt of a widow's pension; and if he will make a statement on the matter. [56419/25]
Dara Calleary (Mayo, Fianna Fail)
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An application for Fuel Allowance was received from the person concerned on 24 June 2025.
The person concerned was advised on 7 October 2025 that they were awarded the Fuel Allowance with effect from 27 June 2025. The first lump sum payment issued on 10 October 2025.
The Telephone Support Allowance was also awarded with effect from 27 June 2025. The first payment, including arrears, also issued on 10 October.
I hope this clarifies the position for the Deputy.
Michael Murphy (Tipperary South, Fine Gael)
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272. To ask the Minister for Employment Affairs and Social Protection if he will clarify the policy whereby compensation awards received by individuals following serious accidents are taken into account in the means assessment for disability allowance and related supports; and if she will review this practice, given that such awards are intended to compensate for loss, injury, and future care needs rather than to constitute income or savings. [56437/25]
Michael Murphy (Tipperary South, Fine Gael)
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273. To ask the Minister for Employment Affairs and Social Protection his views on whether it is unfair and inappropriate for compensation awards arising from personal injury or trauma to be treated as means for the purpose of determining eligibility for disability-related benefits; and the steps being taken to ensure that such awards are disregarded in means testing where they are intended to improve the quality of life of the injured person. [56438/25]
Michael Murphy (Tipperary South, Fine Gael)
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274. To ask the Minister for Employment Affairs and Social Protection if he will undertake a review of the current means testing arrangements for disability allowance to ensure that compensation or court awards arising from serious injury are not unfairly counted as income; and if he will make a statement on the matter. [56439/25]
Dara Calleary (Mayo, Fianna Fail)
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I propose to take Questions Nos. 272, 273 and 274 together.
Social welfare legislation provides that means tests take account of the income and assets of the person (and their spouse or partner, if applicable) applying for the relevant scheme. Means assessments generally include income from employment, self-employment, occupational pensions and maintenance payments. They also include assessment of property owned other than the family home and capital such as cash, savings, shares, and other investments.
Means assessment rules for Disability Allowance are given under Part 2 of Schedule 3 to the Social Welfare Consolidation Act 2005 (as amended).
Rule 1(1) of Part 2 of Schedule 3 to the SWCA 2005 (as amended) provides for the assessment of capital.
Rule 1(1)(b) provides that the weekly value of capital shall be calculated for the purposes of Disability Allowance in accordance with reference 2 of Table 1, which provides that the first €50,000 of the capital value shall be excluded.
The table below sets out how capital is assessed for Disability Allowance.
Value of Property/Capital | Weekly Means Assessed |
---|---|
First €50,000 | Nil |
Next €10,000 (€50,000 to €60,000) | €1 per €1,000 |
Next €10,000 (€60,000 to €70,000) | €2 per €1,000 |
Over €70,000 | €4 per €1,000 |
Social welfare legislation provides for the disregard of certain specified compensation awards when assessing the means of a person.
These disregards include, for example, all income derived from payments awarded by the Hepatitis C and HIV Compensation Tribunal, the Residential Institutions Redress Board and payments made in relation to disability caused by Thalidomide.
In addition, ex gratia payments made to women who were admitted to and worked in the Magdalen Laundries, or through the Symphysiotomy Payment Scheme, or payments made by the Minister of Health in accordance with recommendations proposed by the Scoping Inquiry into the CervicalCheck Screening Programme are also disregarded.
All compensation or court awards which are not specifically provided for in social welfare legislation are assessed in the normal manner.
Any changes to the means assessment of social assistance schemes would have to be considered in the overall policy and budgetary context.
If the Deputy has a particular case in mind, he might provide the relevant details so that my officials can examine the specific case.
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