Brian Brennan (Wicklow-Wexford, Fine Gael)
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388. To ask the Minister for Employment Affairs and Social Protection his plans to introduce legislation that provides for a specific timeframe following which, a previous determination of incomes ceased to apply when the applicant disputes the Department's findings and suffers financial hardship (details supplied); and if he will make a statement on the matter. [68016/25]

Dara Calleary (Mayo, Fianna Fail)
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The conditions to be satisfied for payment of means tested payments are outlined in social welfare legislation and include an assessment of means which includes any income or assets which a person owns. In addition, specific legislation held within Part 3 of Rule 2(1) of the Third Schedule of the Social Welfare Consolidation Act 2005 states that where a person has directly or indirectly deprived themselves of any income or property in order to qualify for a payment, or for a higher rate than they would otherwise be entitled, that income or the value of the property shall be taken to be part of the means of that person.

The current legislation does not provide specifically for situations where the deprivation was made a number of years ago, nor does it provide for a time frame for the means derived from such deprivation to cease to apply or be reduced.

However a working group has been established in my department to examine the matter.