Social Welfare and Pensions Act 2005

Assessment of capital means for certain assistance payments.

9.—(1) The Third Schedule to the Principal Act is amended—

(a) in Part I, by substituting the following for subparagraph (b) of Rule 1(1) (as amended by section 17(1)(a) of the Act of 2000):

“(b) The weekly value of the property referred to in subparagraph (a) shall be calculated as follows—

(i) the first €20,000 of the capital value of the property shall be excluded,

(ii) the weekly value of so much of the capital value of the property as exceeds €20,000 but does not exceed €30,000 shall be assessed at €1 per each €1,000,

(iii) the weekly value of so much of the capital value of the property as exceeds €30,000 but does not exceed €40,000 shall be assessed at €2 per each €1,000, and

(iv) the weekly value of so much of the capital value of the property as exceeds €40,000 shall be assessed at €4 per each €1,000.”,

(b) in Part II, by substituting the following for subparagraph (b) of Rule 1(1) (as amended by section 17(1)(b) of the Act of 2000):

“(b) The weekly value of the property referred to in subparagraph (a) shall be calculated as follows—

(i) the first €20,000 of the capital value of the property shall be excluded,

(ii) the weekly value of so much of the capital value of the property as exceeds €20,000 but does not exceed €30,000 shall be assessed at €1 per each €1,000,

(iii) the weekly value of so much of the capital value of the property as exceeds €30,000 but does not exceed €40,000 shall be assessed at €2 per each €1,000, and

(iv) the weekly value of so much of the capital value of the property as exceeds €40,000 shall be assessed at €4 per each €1,000,

but no account shall be taken under any other provision of these Rules of any appropriation of the property for the purpose of current expenditure.”,

and

(c) in Part IV, by substituting the following for subparagraph (b) of Rule 1(2) (as amended by section 17(1)(d) of the Act of 2000):

“(b) The weekly value of the property referred to in subparagraph (a) shall be calculated as follows:

(i) the first €20,000 of the capital value of the property shall be excluded,

(ii) the weekly value of so much of the capital value of the property as exceeds €20,000 but does not exceed €30,000 shall be assessed at €1 per each €1,000,

(iii) the weekly value of so much of the capital value of the property as exceeds €30,000 but does not exceed €40,000 shall be assessed at €2 per each €1,000, and

(iv) the weekly value of so much of the capital value of the property as exceeds €40,000 shall be assessed at €4 per each €1,000,

but no account shall be taken under any other provision of these Rules of any appropriation of the property for the purpose of current expenditure.”.

(2) This section comes into operation—

(a) in so far as it relates to carer's allowance, on 7 April 2005,

(b) in so far as it relates to unemployment assistance, disability allowance, pre-retirement allowance and farm assist, on 1 June 2005, and

(c) in so far as it relates to old age (non-contributory) pension, blind pension, widow's or widower's (non-contributory) pension, one-parent family payment, orphan's (non-contributory) pension and a relevant payment by virtue of section 18(1)(b) or (c) of the Act of 1996, on 2 June 2005.