Social Welfare Act 2021

Amendment to Schedule 3 to Principal Act (carer’s allowance capital disregard)

21. (1) Schedule 3 to the Principal Act is amended—

(a) in Rule 1 of Part 5 (amended by section 35(c) of the Act of 2007) by the substitution of the following paragraph for paragraph (1):

“(1) other than in the circumstances and subject to the conditions and for the periods that may be prescribed, the weekly value of property belonging to the person (not being property personally used or enjoyed by the person or a farm of land leased by him or her) which is invested or is otherwise put to profitable use by the person or which, though capable of investment or profitable use is not invested or put to profitable use and the weekly value, calculated—

(a) for the purposes of blind pension, widow’s (non-contributory) pension, widower’s (non-contributory) pension, guardian’s payment (non-contributory) or one-parent family payment, in accordance with reference 1 of Table 1 to this Schedule, or

(b) for the purposes of carer’s allowance, in accordance with reference 4 of Table 1 to this Schedule,

constitutes the weekly means of a person from that property, 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

(b) in Table 1 (amended by section 35(d) of the Act of 2007)—

(i) in reference No. 1, by the substitution of “The weekly value of property referred to in Rule 1(1) (a) of Part 2 (for the purposes of jobseeker’s allowance, pre-retirement allowance and farm assist), Rule 1(1) of Part 3 and Rule 1(1)(a) of Part 5 (for the purposes of blind pension, widow’s (non-contributory) pension, widower’s (non-contributory) pension, guardian’s payment (non-contributory) and one-parent family payment), shall be calculated as follows:” for “The weekly value of property referred to in Rule 1(1) of Part 2 (for the purposes of jobseeker’s allowance, pre-retirement allowance and farm assist), Rule 1(1) of Part 3 and Rule 1(1) of Part 5 shall be calculated as follows:”, and

(ii) by the insertion of the following reference after Reference No. 3:

4.

The weekly value of the property referred to in Rule 1(1)(b) of Part 5, for the purposes of carer’s allowance, shall be calculated as follows:

(a) the first €50,000 of the capital value of the property shall be excluded;

(b) the weekly value of so much of the capital value of the property as exceeds €50,000 but does not exceed €60,000 shall be assessed at €1 per each €1,000;

(c) the weekly value of so much of the capital value of the property as exceeds €60,000 but does not exceed €70,000 shall be assessed at €2 per each €1,000; and

(d) the weekly value of so much of the capital value of the property as exceeds €70,000 shall be assessed at €4 per each €1,000.

”.

(2) This section comes into operation on 2 June 2022.