Means Tests I

Table of Contents

SWCA 2005

Schedule 3

Rules as to Calculation of Means

Schedule 3,

Part 1

Definitions

In this Schedule –

“blind person” means a person who –
(a)has attained the age of 18 years, and
(b)is so blind that the person either cannot perform any work for which eyesight is essential or cannot continue with his or her ordinary occupation;

“civil partner” means each civil partner of a couple who are civil partners of the same civil partnership and who are living together;

“fisherman” means a person engaged in sea fishing as a self-employed person –
(a)on a fishing boat entered in the Register of Fishing Boats, or
(b)on a fishing boat and in a place in respect of which a fishing licence (within the meaning of section 3 of the Fisheries (Consolidation) Act 1959) for fishing for salmon at sea has been issued;

“gross proceeds derived from the sale of the principal residence” means –
(a)the agreed sale price of the residence, or
(b)where the claimant or beneficiary purchases alternative accommodation, the difference between the agreed sale price of the former residence and the agreed purchase price of the replacement residence;

“housing costs” means rent or repayment of a loan entered into solely for the purpose of defraying money employed in the purchase, repair or essential improvement of the residence in which the person is, for the time being, residing;

“incentive payment” means an incentive payment made under the special incentive career break scheme;

“maintenance grant” means a grant –
(a)that –
(i)was awarded in accordance with section 2 (amended by section 3 of the Local Authorities (Higher Education Grants) Act 1992) of the Local Authorities (Higher Education Grants) Act 1968, and
(ii)was continued under subsections (2) and (3) of section 6 of the Student Support Act 2011,
(b)that –
(i)was awarded pursuant to a scheme administered by a vocational education committee (within the meaning of section 7 of the Vocational Education Act 1930) whereby grants were provided to students to assist them in attending courses in higher or further education, and
(ii)was continued under subsections (2) and (3) of section 6 of the Student Support Act 2011,
or
(c)that was awarded under a scheme of grants made pursuant to section 16 of the Student Support Act 2011;

“maintenance payments” means any payment received under or pursuant to any maintenance arrangement that may be prescribed;

“special incentive career break scheme” means the scheme commonly known by that name announced on the direction of the Minister for Finance on 30 April 2009 entitling civil servants of a certain class to apply for not less than 3 years special leave without pay and an incentive payment;

“spouse” means each person of a married couple who are living together.

Schedule 3, Part 2

Jobseeker’s Allowance, Pre-Retirement Allowance, Disability Allowance and Farm Assist

Sections 140, 149, 209 and 213.

1.In the calculation of the means of a person for the purposes of Chapters 2, 3, 10 and 11 of Part 3, account shall be taken of the following –

(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 or to his or her spouse, civil partner or cohabitant (not being property personally used or enjoyed by the person or his or her spouse, civil partner or cohabitant or a farm of land leased either by the person or his or her spouse, civil partner or cohabitant) which is invested or otherwise put to profitable use or is capable of being, but is not, invested or put to profitable use and the weekly value, calculated –

(a)for the purposes of jobseeker’s allowance, pre-retirement allowance or farm assist, in accordance with reference 1 of Table 1 to this Schedule, or

(b)for the purposes of disability allowance, in accordance with reference 2 of Table 1 to this Schedule,

constitutes the weekly means of a person from that property but, in the case of farm assist, 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)all income in cash and any non-cash benefits that may be prescribed which the person or his or her spouse, civil partner or cohabitant may reasonably expect to receive during the succeeding year, whether as contributions to the expenses of the household or otherwise, but –

(a)excluding the amounts at references 1 to 19 in Table 2 to this Schedule, and

(b)excluding –

(i)in the cases that may be prescribed, any moneys received by way of a maintenance grant,

(ii)any moneys received by way of maintenance payments (including maintenance payments made to or in respect of a qualified child) in so far as those payments do not exceed the annual housing costs actually incurred by the person subject to the maximum amount that may be prescribed, together with one-half of any amount of maintenance payment in excess of the amount disregarded in respect of housing costs actually incurred (if any),

(iii)any moneys, subject to the limit that may be prescribed, received by way of repayment of expenses necessarily incurred in relation to travel and meals while undergoing a course of education, training or development approved by the Minister,

(iv)in the case of –

(I)jobseeker’s allowance and pre-retirement allowance and subject to paragraph (5) all moneys earned by the person in respect of current personal employment under a contract of service,

(II)farm assist and subject to paragraph (8), all moneys earned by the person or his or her spouse, civil partner or cohabitant in respect of current personal employment under a contract of service,

(v)in the case of jobseeker’s allowance, pre-retirement allowance and farm assist and subject to paragraphs (6), (7) and (8), any moneys earned by the person or his or her spouse, civil partner or cohabitant from insurable employment of a seasonal nature,

(vi)the amount that may be prescribed of all moneys earned by the person’s spouse, civil partner or cohabitant from insurable employment,

(viii)in the case of disability allowance, the amount that may be prescribed of earnings from employment or self-employment,

(ix)in the case of jobseeker’s allowance, pre-retirement allowance and farm assist, all income received under the following schemes:

(I)the following schemes administered by the Minister for Agriculture, Food and the Marine, namely the Schemes commonly known and referred to as:

(A)the Rural Environment Protection Scheme;

(B)the Agri-Environment Options Scheme;

(C)the Green, Low-Carbon, Agri-Environment Scheme;

(D)the Beef Exceptional Aid Measure;

(E)the Beef Data and Genomics Programme (2015 – 2020) (2017 – 2022) (2021);

(F)the Beef Environmental Efficiency Plan (BEEP-S) as part of the Beef Sector Efficiency Programme;

(G)the Dairy Beef Calf Programme as part of the Beef Sector Efficiency Programme;

(H)the Results Based Environment Agri-Pilot Programme;

(I)the Sheep Welfare Scheme;

(J)the Afforestation Grant and Premium Scheme (2000 – 2006) (2007 – 2013) (2014 – 2020);

(K)the Ash Dieback Replanting Scheme;

(L)the Creation of Woodland on Public Lands Scheme;

(M)the Deer Tree Shelter and Deer/Hare Fencing Scheme;

(N)the Forestry Grants and Premium Schemes (2014 – 2020);

(O)the Forest Genetic Resources Reproductive Material Scheme;

(P)the Forest Road Scheme;

(Q)the Forestry Knowledge Transfer Group Scheme;

(R)the Innovative Forestry Forest Technology: Central tyre inflation scheme module;

(S)the Native Woodland Conservation Scheme;

(T)the NeighbourWood Scheme;

(U)the Reconstitution and Underplanting Scheme (Ash Dieback);

(V)the Woodland Improvement Scheme including Continuous Forestry Cover;

(W)such additional Schemes administered by the Minister for Agriculture, Food and the Marine relating to agri-environmental schemes as may, following consultation with that Minister, be prescribed.

(II)the National Parks and Wildlife Service Farm Plan Scheme administered by the Minister for Arts, Heritage and the Gaeltacht,

except in so far as that income exceedqs the sum of –

(A)€5,000, plus

(B)one-half of any amount in excess of €5,000 and

(C)any expenses necessarily incurred;

(x)in the case of jobseeker’s allowance and pre-retirement allowance, and subject to paragraph (9), any income derived by a fisherman from any form of self-employment,

(xi)where the person or his or her spouse, civil partner or cohabitant is engaged on a seasonal basis in the occupation of fishing, one-half of so much of the income derived from that occupation as does not exceed €153 per year and one-third of so much of the income as exceeds €153 per year but does not exceed €381 per year,

(xii)in the case of farm assist, an amount of €1,270 per annum from the harvesting of seaweed, and

(xiii)any income arising from a grant or allowance in pursuance of a scheme for promoting the welfare of the blind prepared under section 2 of the Blind Persons Act 1920;

(3)the yearly value ascertained in the prescribed manner of any advantage accruing to the person or to his or her spouse, civil partner or cohabitant from –

(a)the use of property (other than a domestic dwelling or farm building owned and occupied, furniture and personal effects) which is personally used or enjoyed by the person or by his or her spouse, civil partner or cohabitant, and

(b)the leasing by the person or by his or her spouse, civil partner or cohabitant of a farm of land;

(4)all income and the value of all property of which the person or his or her spouse, civil partner or cohabitant has directly or indirectly deprived himself or herself in order to qualify for the receipt of jobseeker’s allowance, pre-retirement allowance, disability allowance or farm assist, but where the income or the value of the property has reduced since the date of calculation, the calculation may be revised, subject to the conditions and in the circumstances that may be prescribed, but any such regulations shall not cause the income or value of the property taken to be part of the means to be increased;

(5)in the case of a person engaged in employment under a contract of service, the value, ascertained in the prescribed manner of any moneys derived from that employment and the value so calculated constitutes the weekly means of that person from that employment for the purposes of Chapter 2 of Part 3;

(6)in the case of a person who makes a claim for jobseeker’s allowance during a period in which he or she is engaged in insurable employment of a seasonal nature, the value, ascertained in the prescribed manner, of any moneys derived from that employment and the value so calculated constitutes the weekly means of that person from that employment for the purposes of Chapter 2 of Part 3;

(7)in the case of jobseeker’s allowance and pre-retirement allowance, the value of all moneys derived by his or her spouse, civil partner or cohabitant from insurable employment of a seasonal nature, ascertained in the prescribed manner, during the period in which his or her spouse is engaged in that employment, and the value so calculated constitutes the weekly means of that person from such employment;

(8)in the case of a farmer or his or her spouse, civil partner or cohabitant engaged in current personal or seasonal employment, the value, ascertained in the prescribed manner, of any moneys derived from that employment and the value so calculated constitutes the weekly means of that person from that employment;

(9)in the case of

(a)a fisherman, the gross income derived from any form of selfemployment, or

(b)a farmer entitled to or in receipt of farm assist, the gross yearly income which the farmer or his or her spouse, civil partner or cohabitant may reasonably be expected to receive from farming or any other form of self-employment,

less –

(i)any expenses necessarily incurred in carrying on any form of self-employment, and

(ii)where the fisherman or farmer has a qualified child, who normally resides with him or her, an amount of –

(I)€254 per annum in respect of each of the first 2 qualified children, and

(II)€381 per annum in respect of each subsequent qualified child,

calculated at the rate of 70 per cent;

(10)in the case of a person entitled to or in receipt of jobseeker’s allowance and who has not attained the age that may be prescribed, the yearly value of any benefit or privilege enjoyed by that person by virtue of residing with a parent or step-parent, and the Minister may prescribe by regulations the manner in which the value of the benefit and privilege may be calculated.

1A.In the calculation of the means of a person for the purposes of Chapters 2, 3, 10 and 11 of Part 3, notwithstanding any exclusion under Rule 1(2) (b), account shall be taken of any incentive payments made to a person or the spouse, civil partner or cohabitant of such person under the special incentive career break scheme and without prejudice to the generality of the foregoing –

(a)the exclusion under Rule 1(2) (b) (iv) (II) of moneys earned by the person or his or her spouse, civil partner or cohabitant shall not apply to any incentive payment made to the person or his or her spouse, civil partner or cohabitant under such scheme, and

(b)the exclusion under Rule 1(2) (b) (vi) of moneys earned by the spouse concerned shall not apply to any incentive payment made to such spouse, civil partner or cohabitant under such scheme.

(1)Notwithstanding this Schedule and subject to paragraph (2), for the purposes of disability allowance, the gross proceeds derived from the sale of the principal residence of the claimant or beneficiary or, in the case of a married couple who are living together or both civil partners of the same civil partnership who are living together, the spouse or civil partner of the claimant or beneficiary shall not, subject to the limit and under the conditions and circumstances and for the periods that shall be prescribed, be taken into account in calculating the means of the claimant or beneficiary.

(2)Paragraph (1) shall not apply to any sums arising from the investment or profitable use of the gross proceeds derived from the sale of the principal residence.

3.For the purposes of Rule 1(2) and (10), the income of a person shall, in the absence of other means of ascertaining it, be taken to be the income actually received during the year immediately before the date of calculation.

4.The Minister may by regulations vary –

(a)Rule 1(1) and Table 1 to this Schedule in relation to the calculation of the weekly value of property belonging to a person, and

(b)Rules 1(2) to (10), in the case of farm assist.

Schedule 3, Part 3

State Pension (Non-Contributory)

Section 153.

1.Subject to paragraphs (2) and (3), in calculating the means of a person, account shall be taken of the following:

(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 in accordance with reference 1 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;

(2)all income in cash (including the net cash value of such non-cash benefits as may be prescribed), and the income received by a qualified child or qualified children that may be prescribed which the person may reasonably expect to receive during the year succeeding the date of calculation, but –

(a)excluding the amounts at references 1 to 19 in Table 2 to this Schedule, and

(b)excluding –

(i)any moneys received by way of maintenance payments (including maintenance payments made to or in respect of a qualified child) in so far as they do not exceed the annual housing costs actually incurred by the person subject to the maximum amount that may be prescribed, together with one-half of any amount of maintenance payment in excess of the amount disregarded in respect of housing costs actually incurred (if any),

(ii)any income arising from a grant or allowance in pursuance of a scheme for promoting the welfare of the blind prepared under section 2 of the Blind Persons Act 1920,

(iii)any moneys received under a scheme administered by the Minister for Agriculture and Food and known as the Early Retirement Scheme from Farming operated under Council Regulation (EEC) No. 2079/92 of 30 July 1992 , or Council Regulation (EC) No. 1257/99 of 17 May 1999 ,

(iv)any moneys received in respect of rent from a person who resides with the claimant or beneficiary and but for the residence of the person the claimant or beneficiary would reside alone,

(v)any sums arising from the investment or profitable use of property (not being property personally used or enjoyed by the person or a farm of land leased by him or her),

(vi)the prescribed amount of any earnings from employment, subject to the circumstances and conditions that may be prescribed,

€400, plus €265 if the person’s spouse is living with or is wholly or mainly maintained by him or her or, being a single person, widow or widower, is maintaining wholly or mainly a person over the age of 16 years having the care of one or more than one qualified child who normally resides or reside with the person, plus €133 for each qualified child normally residing with the person of whom account has not already been taken in accordance with this paragraph in calculating the means of another person,

(ix)[deleted]

(x)an amount of €5,000 together with one-half of any amount in excess of €5,000 received under the following schemes:

(I)the following schemes administered by the Minister for Agriculture, Food and the Marine, namely the Schemes commonly known and referred to as:

(A)the Rural Environment Protection Scheme;

(B)the Agri-Environment Options Scheme;

(C)the Green, Low-Carbon, Agri-Environment Scheme;

(D)the Beef Exceptional Aid Measure;

(E)the Beef Data and Genomics Programme (2015 – 2020) (2017 – 2022) (2021);

(F)the Beef Environmental Efficiency Plan (BEEP-S) as part of the Beef Sector Efficiency Programme;

(G)the Dairy Beef Calf Programme as part of the Beef Sector Efficiency Programme;

(H)the Results Based Environment Agri-Pilot Programme;

(I)the Sheep Welfare Scheme;

(J)the Afforestation Grant and Premium Scheme (2000 – 2006) (2007 – 2013) (2014 – 2020);

(K)the Ash Dieback Replanting Scheme;

(L)the Creation of Woodland on Public Lands Scheme;

(M)the Deer Tree Shelter and Deer/Hare Fencing Scheme;

(N)the Forestry Grants and Premium Schemes (2014 – 2020);

(O)the Forest Genetic Resources Reproductive Material Scheme;

(P)the Forest Road Scheme;

(Q)the Forestry Knowledge Transfer Group Scheme;

(R)the Innovative Forestry Forest Technology: Central tyre inflation scheme module;

(S)the Native Woodland Conservation Scheme;

(T)the NeighbourWood Scheme;

(U)the Reconstitution and Underplanting Scheme (Ash Dieback);

(V)the Woodland Improvement Scheme including Continuous Forestry Cover;

(W)such additional Schemes administered by the Minister for Agriculture, Food and the Marine relating to agri-environmental schemes as may, following consultation with that Minister, be prescribed.

(II)the National Parks and Wildlife Service Farm Plan Scheme administered by the Minister for Arts, Heritage and the Gaeltacht,

and that income shall, in the absence of other means for ascertaining it, be taken to be that actually received during the year immediately before the date of calculation but where that income is attributable to a period before the year immediately preceding the date of calculation but is received in a subsequent year, it shall be regarded for the purposes of this paragraph as having been received in the year to which it is attributable;

(3)the yearly value of any advantage accruing to the person from –

(a)the use or enjoyment 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 the person, and

(b)a farm of land leased by the person.

(1)Subject to paragraph (2), if it appears that any person has, whether before or after the commencement of this Act, directly or indirectly deprived himself or herself of any income or property in order to qualify himself or herself for the receipt of the pension in question, or for the receipt of the pension at a higher rate than that to which he or she would otherwise be entitled, that income or the value of that property shall for the purposes of these Rules be taken to be part of the means of that person.

(2)Paragraph (1) shall not apply to any assignment –

(a)which is an assignment to a child or children of the assignor, and

(b)which is an assignment of property consisting of a farm of land (together with or without the stock and chattels thereon) and of which the assignor is the owner and the occupier or the occupier only.

(3)In the case of a person to whom paragraph (1) applies, where the income or the value of the property taken to be part of his or her means for the purposes of that paragraph has reduced since the date of calculation, the calculation may be revised, subject to the conditions and in the circumstances that may be prescribed, but regulations made under this paragraph shall not cause the income or the value of the property taken to be part of his or her means to be increased.

(4)For the purposes of this Rule, “assignment” includes any form of conveyance, transfer or other transaction by which a person parts with the ownership or possession of property.

(1)Notwithstanding this Schedule and subject to paragraph (2), the gross proceeds derived from the sale of the principal residence of the claimant or beneficiary or, in the case of a married couple who are living together or civil partners of the same civil partnership who are living together, the spouse or civil partner of the claimant or beneficiary where the spouse or civil partner has attained pensionable age, shall not, subject to the limit and under the conditions and circumstances and for the periods that shall be prescribed, be taken into account in calculating the means of the claimant, beneficiary or pensioner.

(2)Paragraph (1) shall not apply to any sums arising from the investment or profitable use of the gross proceeds derived from the sale of the principal residence.

(1)The following apply when calculating the means of a person who is one of a couple living together:

(a)the means of the person shall be taken to be one-half of the total means of the couple;

(b)the person is deemed to be entitled to one-half of all property to which the person or the other member of the couple is entitled or to which the person and the other member of the couple are jointly entitled;

(c)for the purposes of this Rule, the means of each member of the couple shall first be determined in accordance with these Rules (each being regarded as an applicant for a pension or a pension at a higher rate, as the case may be) and the total means shall be the sum of the means of each member as so determined;

(d)where one member of the couple dies, nothing which was reckoned for the purposes of pension, or would (if the deceased member had been entitled to receive any pension) have been so reckoned, as means of the deceased member shall be so reckoned as means of the surviving member for the purpose of reducing the pension of the surviving member if any payment in respect of that pension was made before the death of the deceased member or becomes payable in respect of a period before or part of which was before that death.

(2)In this Rule ‘couple’ means –

(a)a married couple who are living together,

(b)both civil partners who are parties to the same civil partnership and who are living together, or

(c)both cohabitants.

(3)In calculating the means of a person who is one of a married couple living apart from his or her spouse, any sum paid by him or her to his or her spouse under a separation order shall be deducted in calculating his or her means.

(1)Notwithstanding these Rules, where –

(a)a State pension (non-contributory) is in course of payment to or in respect of a person or the spouse, civil partner or cohabitant of the person or both of them, and

(b)a pension or pensions (in this Rule referred to as “the other pension”), not being a State pension (non-contributory), is in course of payment to or in respect of the person or the spouse, civil partner or cohabitant of the person or both of them,

in calculating the means of the person or of the spouse, civil partner or cohabitant or of both of them for the purposes of State pension (non-contributory), any portion of the amount of an increase in the other pension or the aggregate increase, where more than one increase in the other pension has occurred, which, if it were reckoned as means, would result in a reduction in the amount of the pension or combined pensions (as the case may be) which would be greater than the amount by which the other pension has been increased, shall not be reckoned as means.

(2)Any amount excluded from the calculation of means in accordance with reference 16 in Table 2 to this Schedule shall be subject to Rule 5(1).

6.Notwithstanding this Schedule, the amount of any allowance, special allowance, dependent’s allowance, disability pension or wound pension under the Army Pensions Acts 1923 to 1980, or pension under the Military Service Pensions Acts 1924 to 1964, arising out of service in the period commencing on 23 April 1916 and ending on 30 September 1923, or pension under the Connaught Rangers (Pensions) Acts 1936 to 1964, shall be disregarded in the calculation of means for the purposes of Chapter 4 of Part 3.

7.The Minister may by regulations vary Rule 1(1) and Table 1 to this Schedule in relation to the calculation of the weekly value of property belonging to a person.

Schedule 3, Part 4 Supplementary Welfare Allowance
Section 196.

1.In calculating the weekly means of a person for supplementary welfare allowance account shall be taken of the following –

(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 in accordance with reference 3 of Table 1 to this Schedule, constitutes the weekly means of a person from that property;

(2)all income in cash, including the net cash value of any non-cash earnings derived from personal exertions and the non-cash benefits that may be prescribed and the actual or estimated amount of any household income, whether as contributions to the expenses of the household or otherwise, but –

(a)excluding the amounts at references 2 to 11, 18A and 19 in Table 2 to this Schedule, and

(b)excluding –

(i)in the cases that may be prescribed, any moneys received by way of a maintenance grant,

(ii)any income arising from a grant or allowance in pursuance of a scheme for promoting the welfare of the blind prepared under section 2 of the Blind Persons Act 1920,

(iii)any sums arising from the investment or profitable use of property (not being property personally used or enjoyed by such person or a farm of land leased by the person),

(iv)the amount that may be prescribed of earnings referred to in Rule 1(2)(b)(viii) of Part 2 and Rule 1(2)(b)(x) of Part 5,

(iva)any moneys received by way of guardian’s payment (contributory), guardian’s payment (non-contributory), domiciliary care allowance or carer’s support grant, and

(v)in the case of a person in receipt of a supplement under section 198 towards the amount of mortgage interest or rent payable by the person in respect of his or her residence –

(I)an amount equal to the sum of the first €75 of any additional income (within the meaning of Rule 2) and 25 per cent of so much of that additional income as exceeds €75, when that additional income has been reduced by the aggregate of –

(A)any allowable contribution referred to in Regulations 41 and 42 of the Income Tax (Employments) (Consolidated) Regulations 2001 (S.I. No. 559 of 2001), and

(B)any amount deducted from reckonable earnings under section 13 and regulations made under section 14, and

(II)the amount by which carer’s allowance as set out in column (2) at reference 8(a) or 8(b), as appropriate, of Part 1 of Schedule 4 exceeds –

(A)the amount of supplementary welfare allowance set out in column (3) at reference 10 of Part 1 of Schedule 4, where the person, or the person’s spouse, civil partner or cohabitant, is in receipt of carer’s allowance under Part 3; or

(B)the amount of supplementary welfare allowance set out in column (2) at reference 10 of Part 1 of Schedule 4, where the person, not being one of a couple or not being one of a civil partnership, is in receipt of carer’s allowance under Part 3;

(III)the amount by which carer’s benefit as set out in column (2) at reference 7(a) or 7(b), as appropriate, of Part 1 of Schedule 2 exceeds –

(IV)the amount payable under section 186A;

and

(V)any moneys received by way of back to work family dividend under Part 7A;

(3)the value of any advantage accruing to the person from –

(a)the use or enjoyment of property (other than a domestic dwelling or a farm building owned and occupied, or furniture and personal effects) which is personally used or enjoyed by him or her, and

(b)the leasing by the person of a farm of land;

(4)all income and the value of all property of which the person has directly or indirectly deprived himself or herself in order to qualify himself or herself for the receipt of supplementary welfare allowance;

(5)

(a)the weekly value of any benefit or privilege, calculated in the manner that may be prescribed, enjoyed by the person, who has not attained the age that may be prescribed, by virtue of residing with a parent or step-parent, and

(b)the weekly value of any benefit or privilege, other than benefit or privilege under paragraph (a), enjoyed by the person.

1A.

(1)In determining entitlement to rent or mortgage interest supplement payable under section 198, the non-cash benefits referred to in Rule 1(2) shall include the weekly net cash value to the person of his or her annual housing costs actually incurred and paid by a liable relative.

(2)In assessing the means of a person for the purpose of a rent or mortgage interest supplement payable under section 198, where a claimant has attained pensionable age, and his or her combined household income is greater than the rate of supplementary welfare allowance appropriate to his or her circumstances, an amount equal to the difference between the maximum rate of State pension (contributory) appropriate to his or her circumstances and the said rate of supplementary welfare allowance shall be disregarded.

(3)Where a person or his or her spouse, civil partner or cohabitant has any additional income to which Rule 1(2)(b)(iv) or Rule 1(2)(b)(v)(I) may apply, only one such Rule shall apply, being whichever is the more favourable to the person.

(4)Subject to paragraph (5), Rules 1(1), 1(2)(b)(iva), 1(2)(b)(v) and 1A shall not have the effect of reducing the rate of supplementary welfare allowance below the rate payable immediately before the commencement of section 36 of the Social Welfare and Pensions Act 2007.

(5)Paragraph (4) shall cease to apply to any person where his or her means have increased.

(1)Where Rule 1(2)(b)(v)(I) applies to a person, “additional income” in relation to that person means an amount determined, subject to paragraph (2), by the formula – (A+B) – C where –
Ais the sum of –
(i)any weekly income arising which that person receives from such employment or training or participation or placement in such scheme or programme as is prescribed,
(ii)any weekly income which that person receives by way of family income supplement under Part 6, and
(iii)in so far as it exceeds €4,952 per annum, the aggregate of –
(I)any maintenance payments made by a liable relative, and
(II)the net cash value of the non-cash benefits referred to in Rule 1A(1),
Bis the amount of the assessable weekly means of the person from all other sources under Part 4 of Schedule 3, and
Cis the weekly rate of supplementary welfare allowance set out in column (2) of Part 1 of Schedule 4, increased by –
(i)the amount set out in column (3) of that Part, where the person has a qualified adult, and
(ii)the amount set out –
(I)in column (4) of that Part in respect of each qualified child of that person who has not attained the age of 12 years, and
(II)in column (5) of that Part in respect of each qualified child of that person who has attained the age of 12 years.

(2)The amount determined by the formula in paragraph (1) shall not exceed the sum represented by A in that formula.

2A.

(1)In the calculation of the weekly means of a person for supplementary welfare allowance, notwithstanding any exclusion under Rule 1(2)(b), account shall be taken of any incentive payment made to a person or the spouse, civil partner or cohabitant of such person under the special incentive career break scheme.

(2)Without prejudice to the generality of paragraph (1), for the purposes of Rule 2, additional income does not include income arising from any incentive payment under such scheme which is made to a person referred to in Rule 1(2)(b)(v).

Table 1

Reference No.

Amount

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:

(a)the first €20,000 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 €20,000 but does not exceed €30,000 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 €30,000 but does not exceed €40,000 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 €40,000 shall be assessed at €4 per each €1,000.

The weekly value of the property referred to in Rule 1(1) of Part 2, for the purposes of disability 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.

The weekly value of the property referred to in Rule 1(1) of Part 4 shall be calculated as follows:

(a)the first €5,000 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 €5,000 but does not exceed €15,000 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 €15,000 but does not exceed €40,000 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 €40,000 shall be assessed at €4 per each €1,000.

(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

Table 2

Reference No.

Amount

any moneys received by way of benefit, pension, assistance, allowance, supplement, continued payment for qualified children or back to work family dividend under Part 2, 3, 4, 5, 6, 7, 7A or 8;

any moneys received by way of child benefit under Part 4 or a payment corresponsing to that benefit from another Member State or the United Kingdom;

any moneys received from the Health Service Executive by way of a home care grant;

3A.

any allowance received under a scheme administered by the Minister for Education and Science and known as the Home Tuition Scheme where that allowance is used towards defraying the cost of home tuition;

any moneys received by way of a mobility allowance payable under section 61 of the Health Act 1970;

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 and Children for the purposes of the provision of such training);

payments –

(a)of the amounts specified in accordance with article 14 of the Child Care (Placement of Children in Foster Care) Regulations 1995 (S.I. No. 260 of 1995),

(b)of the amounts specified in accordance with article 14 of the Child Care (Placement of Children with Relatives) Regulations 1995 (S.I. No. 261 of 1995),

(c)made in accordance with an aftercare plan within the meaning of the Child Care Act 1991;

payments by the Health Service Executive in respect of the provision of accommodation for a child under section 5 of the Child Care Act 1991;

payments in respect of not more than 2 persons boarded out under section 10 of the Health (Nursing Homes) Act 1990 in so far as the aggregate amount of payment received in respect of each such person does not exceed an amount equivalent to the rate set out in column (2) at reference 4 of Part 1 of Schedule 4;

[deleted]

10.

in the case of a qualified applicant under a scheme administered by the Minister for Community, Rural and Gaeltacht Affairs and known as Scéim na bhFoghlaimeoirí Gaeilge, any income received under that scheme in respect of a person who is temporarily resident with the qualified applicant, together with any other income received in respect of that temporary resident;

11.

any moneys received from a charitable organisation, being a body whose activities are carried on otherwise than for profit (but excluding any public or local authority) and one of whose functions is to assist persons in need by making grants of money to them;

12.

any moneys received by the person’s spouse, civil partner or cohabitant in respect of participation in a scheme administered by the Minister and known as:

(a)Back to Education Allowance, or

(b)Back to Work Allowance, or

(c)Back to Work Enterprise Allowance, or

(d)Part-Time Job Incentive, or

(e)the national internship scheme;

13.

any moneys received by the person’s spouse, civil partner or cohabitant in respect of participation in an approved course of training,

14.

any moneys received by the person’s spouse, civil partner or cohabitant in respect of participation in a scheme administered by the Minister for Education and Science and known as the Vocational Training Opportunities Scheme;

15.

any income arising from a bonus under a scheme administered by the Minister for Community, Rural and Gaeltacht Affairs 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;

16.

an amount of an allowance, dependant’s allowance, disability pension or wounds pension under the Army Pensions Acts 1923 to 1980 (including, for the purposes of this subparagraph, a British War Pension), or of a combination of those allowances and pensions, except in so far as the amount exceeds €104 per year;

17.

any expenses necessarily incurred in carrying on any form of self-employment;

18A.

[deleted]

19.

any other income that may be prescribed received by a person or his or her spouse, civil partner or cohabitant and in the circumstances that may be prescribed.

Schedule 3, Part 5

Blind Pension, Widow’s (Non-contributory) Pension, Widower’s (Non-Contributory) Pension, Guardian’s Payment (Non-Contributory), One-Parent Family Payment and Carer’s

Allowance
Sections 161A, 168, 172 and 179.

1.Subject to paragraphs (2) and (3), in calculating the means of a person, account shall be taken of the following:

(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;

(2)all income in cash (including, in the case of widow’s (non-contributory) pension, widower’s (non-contributory) pension, surviving civil partner’s (non-contributory) pension, guardian’s payment (non-contributory) and one-parent family payment, the net cash value of such non-cash benefits as may be prescribed), and the income received by a qualified child or qualified children that may be prescribed which the person may reasonably expect to receive during the year succeeding the date of calculation, but –

(a)excluding the amounts at references 1 to 19 in Table 2 to this Schedule, and

(b)excluding –

(i)in the case of blind pension or one-parent family payment, any moneys received by way of a maintenance grant,

(ii)in the case of blind pension, widow’s (non-contributory) pension, widower’s (non-contributory) pension, surviving civil partner’s (non-contributory) pension or one-parent family payment, any moneys received by way of maintenance payments (including maintenance payments made to or in respect of a qualified child) in so far as they do not exceed the annual housing costs actually incurred by the person subject to the maximum amount that may be prescribed, together with one-half of any amount of maintenance payment in excess of the amount disregarded in respect of housing costs actually incurred (if any),

(iv)in the case of a blind person, any income arising from a grant or allowance in pursuance of a scheme for promoting the welfare of the blind prepared under section 2 of the Blind Persons Act 1920,

(v)for the purposes of widow’s (non-contributory) pension, widower’s (non-contributory) pension or surviving civil partner’s (non-contributory) pension, any moneys received in respect of rent from a person who resides with the claimant or beneficiary and but for the residence of the person the claimant or beneficiary would reside alone,

(vi)any sums arising from the investment or profitable use of property (not being property personally used or enjoyed by the person or a farm of land leased by him or her),

(vii)in the case of widow’s (non-contributory) pension, widower’s (non-contributory) pension, a surviving civil partner’s (non-contributory) pension or a payment referred to in paragraph (b) or (c) in the definition of “relevant payment” in section 178, the prescribed amount of any earnings from employment, subject to the circumstances and conditions that may be prescribed,

(viii)in the case of one-parent family payment, subject to paragraph (4), any moneys received by way of earnings (including wages and profit from any form of self-employment),

(ix)[deleted]

(x)in the case of a blind person, the amount that may be prescribed of his or her earnings from employment,

(3)the yearly value of any advantage accruing to the person from –

(a)the use or enjoyment 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 the person, and

(b)a farm of land leased by the person;

(4)

(a)subject to this paragraph, in the case of one-parent family payment, the weekly earnings (including wages and profit from any form of self-employment), calculated or estimated as prescribed, constitute the weekly means of that parent from earnings for the purposes of Chapter 7 of Part 3,

(b)in calculating the weekly earnings for the purposes of subparagraph (a) for any period commencing on or after 1 January 2012 but before 1 January 2013, an amount of €130 together with half the weekly earnings in excess of that amount shall be disregarded,

(c)in calculating the weekly earnings for the purposes of subparagraph (a) for any period commencing on or after 1 January 2013 but before 1 January 2014, an amount of €110 together with half the weekly earnings in excess of that amount shall be disregarded, and

(d)in calculating the weekly earnings for the purposes of subparagraph (a) for any period commencing on or after 1 January 2014 but before 5 January 2017, an amount of €90 together with half the weekly earnings in excess of that amount shall be disregarded;

(da)in calculating the weekly earnings for the purposes of subparagraph (a) for any period commencing on or after 5 January 2017 but before 29 March 2018, an amount of €110 together with half the weekly earnings in excess of that amount shall be disregarded;

(db)in calculating the weekly earnings for the purposes of subparagraph (a) for any period commencing on or after 29 March 2018 but before 28 March 2019, an amount of €130 together with half the weekly earnings in excess of that amount shall be disregarded;

(dc)in calculating the weekly earnings for the purposes of subparagraph (a) for any period commencing on or after 28 March 2019 but before 9 January 2020, an amount of €150, together with half the weekly earnings in excess of that amount, shall be disregarded;

(dd)in calculating the weekly earnings for the purposes of subparagraph (a) for any period commencing on or after 9 January 2020, an amount of €165, together with half the weekly earnings in excess of that amount, shall be disregarded.

(e)[deleted]

(f)[deleted]

(5)in the case of carer’s allowance, in calculating the weekly means of a carer who is not one of a couple (other than means derived from any benefit, pension, assistance, allowance or supplement under this Act or a social security payment payable under the legislation of another state), that amount that may be prescribed shall be disregarded;

(6)in the case of carer’s allowance, the amount that the Minister determines that the relevant person (as defined in section 179) could reasonably be expected to contribute to the support of the carer but in determining that amount, no account shall be taken of any sums received by the relevant person under Part 2, 3 or 4.

1A.In the case of carer’s allowance, in calculating the weekly means of a carer who is not one of a couple the following shall be disregarded –

(a)an amount, not exceeding the maximum amount set out in column (2) at reference 3 of Part 1 of Schedule 2, of a social security payment payable under the legislation of another state, and

(b)an amount, not exceeding the maximum amount set out –

(i)in column (4) at reference 3 of Part 1 of Schedule 2, of a social security payment payable under the legislation of another state in respect of each qualified child who has not attained the age of 12 years for whom an increase is granted under section 181(1),

and

(ii)in column (5) at reference 3 of Part 1 of Schedule 2, of a social security payment payable under the legislation of another state in respect of each qualified child who has attained the age of 12 years for whom an increase is granted under section 181(1).

1B.In Rules 1, 1A and 4, ‘couple’ means –

(a)a married couple who are living together,

(b)both civil partners who are parties to the same civil partnership and who are living together, or

(c)both cohabitants.

(1)Subject to paragraph (2), if it appears that any person has, whether before or after the commencement of this Act, directly or indirectly deprived himself or herself of any income or property in order to qualify himself or herself for the receipt of the pension or allowance in question, or for the receipt of the pension or allowance at a higher rate than that to which he or she would otherwise be entitled, that income or the value of that property shall for the purposes of these Rules be taken to be part of the means of that person.

(2)Paragraph (1) shall not apply to any assignment –

(a)which is an assignment to a child or children of the assignor, and

(4)For the purposes of this Rule, “assignment” includes any form of conveyance, transfer or other transaction by which a person parts with the ownership or possession of property.

(1)Notwithstanding this Schedule and subject to paragraph (2), for the purposes of blind pension, the gross proceeds derived from the sale of the principal residence of the claimant or beneficiary or, in the case of a married couple who are living together, or both civil partners of the same civil partnership who are living together, the spouse or civil partner of the claimant or beneficiary where the spouse or civil partner has attained pensionable age, shall not, subject to the limit and under the conditions and circumstances and for the periods that shall be prescribed, be taken into account in calculating the means of the claimant, beneficiary or pensioner.

(2)Paragraph (1) shall not apply to any sums arising from the investment or profitable use of the gross proceeds derived from the sale of the principal residence.

(1)In the case of a blind pension or a carer’sallowance, the following apply when calculating the means of a person who is one of a couple living together:

(a)the means of the person shall be taken to be one-half of the total means of the couple;

(c)for the purposes of this Rule, the means of each member of the couple shall first be determined in accordance with these Rules (each being regarded as an applicant for a pension or a pension at a higher rate or carer’s allowance, as the case may be) and the total means shall be the sum of the means of each member as so determined;

(2)In the case of carer’s allowance, in calculating the weekly means of a couple the following shall be disregarded –

(a)an amount, not exceeding the maximum amount set out in column (2) at reference 3 of Part 1 of Schedule 2, of a social security payment payable under the legislation of another state, and

(b)an amount, not exceeding half the amount set out –

and

(3)In the case of carer’s allowance, in calculating the weekly means of the couple (other than means derived from any benefit, pension, assistance, allowance or supplement under this Act or a social security payment payable under the legislation of another state), the amount that may be prescribed shall be disregarded.

(5)In calculating the means of a person who is one of a married couple living apart from his or her spouse, any sum paid by him or her to his or her spouse under a separation order shall be deducted in calculating his or her means.

(1)Notwithstanding these Rules, where –

(a)blind pension, widow’s (non-contributory) pension, widower’s (non-contributory) pension, surviving civil partner’s (non-contributory) pension, guardian’s payment (non-contributory), one-parent family payment or carer’s allowance is in course of payment to or in respect of a person or the spouse, civil partner or cohabitant of the person or both of them, and

(b)a pension or pensions (in this Rule referred to as “the other pension”), not being a pension or pensions mentioned in paragraph (a), is in course of payment to or in respect of the person or the spouse, civil partner or cohabitant of the person or both of them,

in calculating the means of the person or of the spouse, civil partner or cohabitant or of both of them for the purposes of blind pension, widow’s (non-contributory) pension, widower’s (non-contributory) pension, surviving civil partner’s (non-contributory) pension, guardian’s payment (non-contributory, one-parent family payment or carer’s allowance (as the case may require), any portion of the amount of an increase in the other pension or the aggregate increase, where more than one increase in the other pension has occurred, which, if it were reckoned as means, would result in a reduction in the amount of the pension or combined pensions (as the case may be) which would be greater than the amount by which the other pension has been increased, shall not be reckoned as means.

(2)Any amount excluded from the calculation of means in accordance with reference 16 in Table 2 to this Schedule shall be subject to Rule 5(1).

6.Notwithstanding this Schedule, the amount of any allowance, special allowance, dependent’s allowance, disability pension or wound pension under the Army Pensions Acts 1923 to 1980, or pension under the Military Service (Pensions) Acts 1924 to 1964, arising out of service in the period commencing on 23 April 1916 and ending on 30 September 1923, or pension under the Connaught Rangers (Pensions) Acts 1936 to 1964, shall be disregarded in the calculation of means for the purposes of Chapters 5 to 8 of Part 3.

6A.

(1)In the calculation of the means of a person, notwithstanding any exclusion under Rule 1(2) (b), account shall be taken of any incentive payment made to a person or the spouse, civil partner or cohabitant of a person under the special incentive career break scheme.

(2)Without prejudice to the generality of paragraph (1), for the purposes of Rule 1(2) (b) (viii), the exclusion for one-parent family payment, of any moneys received by way of earnings referred to in that Rule shall not apply to any incentive payment made to a person under the special incentive career break scheme.

7.The Minister may by regulations vary Rule 1(1) and Table 1 to this Schedule in relation to the calculation of the weekly value of property belonging to a person.

Means Tests I

SWCA 2005

Rules as to Calculation of Means

Definitions

Jobseeker’s Allowance, Pre-Retirement Allowance, Disability Allowance and Farm Assist

State Pension (Non-Contributory)

Table 1

Table 2

Blind Pension, Widow’s (Non-contributory) Pension, Widower’s (Non-Contributory) Pension, Guardian’s Payment (Non-Contributory), One-Parent Family Payment and Carer’s

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