Social Welfare (Consolidation) Act, 1981

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Calculation of means.

[1933 UA, s. 13]

146.—(1) In the calculation of the means of a person for the purpose of this Chapter, the following things and no others shall be deemed to constitute the means of the person—

(a) the yearly value ascertained in the prescribed manner of all property belonging to him (not being property personally used or enjoyed by him) which is invested or is otherwise put to profitable use or is capable of being but is not invested or put to profitable use;

(b) all income which he may reasonably expect to receive during the succeeding year in cash, including the actual or estimated amount of any income which he may reasonably expect to receive during such succeeding year as head of the household, whether as contributions to the expenses of the household or otherwise, but excluding—

(i) any income or money coming within any other paragraph of this subsection,

(ii) all moneys earned by him in respect of current personal employment under a contract of service,

(iii) any moneys received by way of unemployment assistance under this Chapter,

[ S.I. No. 168 of 1977 ]

(iv) any moneys received by way of supplementary welfare allowance,

[1952, Sch. 6; 1944 CA, s. 15; 1973, s. 18]

(v) any moneys received by way of disability benefit, unemployment benefit, maternity benefit or children's allowance,

[1960 MP, s. 10]

(vi) any income arising from a bonus under a scheme administered by the Minister for the Gaeltacht for the making of special grants to parents or guardians resident in the Gaeltacht or Breac-Ghaeltacht (as defined in such scheme) of children attending primary schools.

(vii) an amount of an allowance, dependant's allowance (not being a dependant's allowance to which paragraph (viii) relates), disability pension or wound pension under the Army Pensions Acts, 1923 to 1980, or a combination of such allowances and such pensions so far as such amount does not exceed £80 per year,

[1968 MP, s. 13]

(viii) a dependant's allowance under the Army Pensions Acts, 1923 to 1980, arising out of service in the period from 23rd April, 1916, to 30th September 1923,

[1962 MP, s. 7]

(ix) any moneys received by way of training allowance from an organisation while undergoing a course of rehabilitation training provided by the organisation (being an organisation approved of by the Minister for Health for the purposes of the provision of such training),

(x) any moneys, except so far as they exceed £104 per year, received by such person or by the spouse of such person in respect of work of the kind referred to in paragraph 7 of Part I of the First Schedule , under a scheme that is in the opinion of the Minister, charitable in character and purpose,

[1964 MP, s. 12; 1980, s. 7]

(xi) where he is engaged on a seasonal basis in the occupation of fishing one-half of so much of the income derived there from as does not exceed £120 per year and one-third of so much of such income as exceeds £120 per year but does not exceed £300 per year,

[1967 MP, s. 13]

(xii) any moneys received under a statutory scheme administered by the Minister for Labour in respect of redundancy or by way of financial assistance to unemployed persons changing residence;

[1933 UA, s. 13; 1979, s. 18]

(c) the yearly value ascertained in the prescribed manner of any advantage accruing to him from the use of property (other than a domestic dwelling or a farm building owned and occupied, furniture and personal effects) which is personally used or enjoyed by him;

(d) all income and the yearly value ascertained in the prescribed manner of all property of which he has directly or indirectly deprived himself in order to qualify himself for the receipt of unemployment assistance;

(e) the yearly value of any benefit or privilege enjoyed by him.

(2) For the purposes of subsection (1) (b), the income of a person shall, in the absence of other means for ascertaining it, be taken to be the income actually received during the year immediately preceding the date of calculation.