Dáil Éireann Debate, Thursday - 16 October 2025
272. Deputy Michael Murphy asked the Minister for Social Protection if he will clarify the policy whereby compensation awards received by individuals following serious accidents are taken into account in the means assessment for disability allowance and related supports; and if she will review this practice, given that such awards are intended to compensate for loss, injury, and future care needs rather than to constitute income or savings. [56437/25]
View answer273. Deputy Michael Murphy asked the Minister for Social Protection his views on whether it is unfair and inappropriate for compensation awards arising from personal injury or trauma to be treated as means for the purpose of determining eligibility for disability-related benefits; and the steps being taken to ensure that such awards are disregarded in means testing where they are intended to improve the quality of life of the injured person. [56438/25]
View answer274. Deputy Michael Murphy asked the Minister for Social Protection if he will undertake a review of the current means testing arrangements for disability allowance to ensure that compensation or court awards arising from serious injury are not unfairly counted as income; and if he will make a statement on the matter. [56439/25]
View answerI propose to take Questions Nos. 272, 273 and 274 together.
Social welfare legislation provides that means tests take account of the income and assets of the person (and their spouse or partner, if applicable) applying for the relevant scheme. Means assessments generally include income from employment, self-employment, occupational pensions and maintenance payments. They also include assessment of property owned other than the family home and capital such as cash, savings, shares, and other investments.
Means assessment rules for Disability Allowance are given under Part 2 of Schedule 3 to the Social Welfare Consolidation Act 2005 (as amended).
Rule 1(1) of Part 2 of Schedule 3 to the SWCA 2005 (as amended) provides for the assessment of capital.
Rule 1(1)(b) provides that the weekly value of capital shall be calculated for the purposes of Disability Allowance in accordance with reference 2 of Table 1, which provides that the first €50,000 of the capital value shall be excluded.
The table below sets out how capital is assessed for Disability Allowance.
|
Value of Property/Capital |
Weekly Means Assessed |
|
First €50,000 |
Nil |
|
Next €10,000 (€50,000 to €60,000) |
€1 per €1,000 |
|
Next €10,000 (€60,000 to €70,000) |
€2 per €1,000 |
|
Over €70,000 |
€4 per €1,000
|
Social welfare legislation provides for the disregard of certain specified compensation awards when assessing the means of a person.
These disregards include, for example, all income derived from payments awarded by the Hepatitis C and HIV Compensation Tribunal, the Residential Institutions Redress Board and payments made in relation to disability caused by Thalidomide.
In addition, ex gratia payments made to women who were admitted to and worked in the Magdalen Laundries, or through the Symphysiotomy Payment Scheme, or payments made by the Minister of Health in accordance with recommendations proposed by the Scoping Inquiry into the CervicalCheck Screening Programme are also disregarded.
All compensation or court awards which are not specifically provided for in social welfare legislation are assessed in the normal manner.
Any changes to the means assessment of social assistance schemes would have to be considered in the overall policy and budgetary context.
If the Deputy has a particular case in mind, he might provide the relevant details so that my officials can examine the specific case.
