Social Welfare Act, 1984

Amendment of section 146 and 210 of, and Third Schedule to, Principal Act (calculation of means).

9.—(1) Section 146 of the Principal Act is hereby amended—

(a) by the substitution for paragraph (a) of subsection (1) of the following paragraph:

“(a) the yearly value ascertained in the prescribed manner of all property belonging to him (not being property personally used or enjoyed by him or a farm of land leased by him under a lease which has been certified by the Irish Land Commission to be bona fide and in accordance with sound land use practice) which is invested or is otherwise put to profitable use or is capable of being but is not invested or put to profitable use;”,

and

(b) by the substitution for paragraph (c) of subsection (1) of the following paragraph:

“(c) the yearly value ascertained in the prescribed manner of any advantage accruing to him from—

(i) 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 him, and

(ii) the leasing by him of a farm of land under a lease which has been certified by the Irish Land Commission to be bona fide and in accordance with sound land use practice;”.

(2) Section 210 of the Principal Act is hereby amended—

(a) by the substitution for subparagraph (iii) of subsection (2) (a) of the following subparagraph:

“(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 him under a lease which has been certified by the Irish Land Commission to be bona fide and in accordance with sound land use practice);”,

(b) by the substitution for paragraph (b) of subsection (2) of the following paragraph:

“(b) the value of any property belonging to such person (not being property personally used or enjoyed by him or a farm of land leased by him under a lease which has been certified by the Irish Land Commission to be bona fide and in accordance with sound land use practice) which is invested or is otherwise put to profitable use or which, though capable of investment or profitable use, is not invested or put to profitable use, the yearly value of the first £400 of the property being taken to be one-twentieth part of the capital value and the yearly value of so much of the capital value of the property as exceeds the sum of £400 being taken to be one-tenth part of the capital value; and the weekly value of the property being calculated as one fifty-second part of the yearly value so calculated;”,

and

(c) by the substitution for paragraph (c) of subsection (2) of the following paragraph:

“(c) the value of any advantage accruing to such person from—

(i) 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, and

(ii) the leasing by him of a farm of land under a lease which has been certified by the Irish Land Commission to be bona fide and in accordance with sound land use practice;”.

(3) Rule 1 of the Rules contained in the Third Schedule is hereby amended—

(a) by the substitution for paragraph (1) of the following paragraph:

“(1) the yearly value of any property belonging to the person (not being property personally used or enjoyed by the person or a farm of land leased by him under a lease which has been certified by the Irish Land Commission to be bona fide and in accordance with sound land use practice) 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 by the person, the yearly value of the property being calculated as follows:

(a) the first £200 of the capital value of the property shall be excluded, and

(b) the yearly value of the next £375 of the capital value of the property shall be taken to be one-twentieth part of the capital value, and

(c) the yearly value of so much of the capital value of the property as exceeds £575 shall be taken to be one-tenth part of the capital value,

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.”,

(b) by the substitution for clause (a) of paragraph (4) of the following clause:

“(a) 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 under a lease which has been certified by the Irish Land Commission to be bona fide and in accordance with sound land use practice),”,

and

(c) by the substitution for paragraph (5) of the following paragraph:

“(5) 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 under a lease which has been certified by the Irish Land Commission to be bona fide and in accordance with sound land use practice,

but for the purposes of this Rule a cottage provided under the Labourers Acts, 1883 to 1965, and vested in the person or the spouse of that person pursuant to those Acts or pursuant to the Housing Acts, 1966 to 1984, shall not be treated as property which is personally used or enjoyed by that person or the spouse of that person so long as payment of the purchase annuity has not been completed.”.