Social Welfare Act, 2000

Assessment of means — improvements in assessment of property (capital).

17.—(1) The Third Schedule to the Principal Act is amended by—

(a) the substitution in Rule 1 of Part I for paragraph (1) (as amended by section 37 of the Act of 1996) and paragraph (1A) (inserted by section 15 of the Act of 1996) of the following paragraphs:

“(1) (a) Other than in such circumstances and subject to such conditions and for such periods as may be prescribed, the weekly value of property belonging to the person or to his or her spouse (not being property personally used or enjoyed by the person or his or her spouse or a farm of land leased either by the person or his or her spouse) which is invested or otherwise put to profitable use or is capable of being, but is not, invested or put to profitable use and such weekly value, calculated in accordance with subparagraph (b), shall be deemed to constitute the weekly means of a person from such property.

(b) The weekly value of the property referred to in subparagraph (a) shall be calculated as follows:

(i) the first £10,000 of the capital value of the property shall be excluded,

(ii) the weekly value of so much of the capital value of the property as exceeds £10,000 but does not exceed £20,000 shall be assessed at £1 per each £1,000,

(iii) 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 £2 per each £1,000, and

(iv) the weekly value of so much of the capital value of the property as exceeds £30,000 shall be assessed at £4 per each £1,000.

(1A) Regulations may modify paragraph (1) in relation to the calculation of the weekly value of property belonging to a person.”,

(b) the substitution in Rule 1 of Part II (as amended by section 25(1) of the Act of 1997) for paragraph (1) of the following paragraph:

“(1) (a) Other than in such circumstances and subject to such conditions and for such periods as 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 such weekly value, calculated in accordance with subparagraph (b), shall be deemed to constitute the weekly means of a person from such property.

(b) The weekly value of the property referred to in subparagraph (a) shall be calculated as follows:

(i) the first £10,000 of the capital value of the property shall be excluded,

(ii) the weekly value of so much of the capital value of the property as exceeds £10,000 but does not exceed £20,000 shall be assessed at £1 per each £1,000,

(iii) 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 £2 per each £1,000, and

(iv) the weekly value of so much of the capital value of the property as exceeds £30,000 shall be assessed at £4 per each £1,000,

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.”,

(c) the substitution in Rule 1(3A) of Part II (inserted by section 37 of the Act of 1996) for “yearly” of “weekly”, and

(d) the substitution in Rule 1 of Part IV (inserted by section 16 of the act of 1999) for paragraph (2) of the following paragraphs:

“(2) (a) Other than in such circumstances and subject to such conditions and for such periods as may be prescribed, the weekly value of all property belonging to him or her or to his or her spouse (not being a farm of land owned or leased either by him or her or by his or her spouse) 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 by the farmer or his or her spouse and such weekly value, calculated in accordance with subparagraph (b), shall be deemed to constitute the weekly means of the farmer from such property.

(b) The weekly value of the property referred to in subparagraph (a) shall be calculated as follows:

(i) the first £10,000 of the capital value of the property shall be excluded,

(ii) the weekly value of so much of the capital value of the property as exceeds £10,000 but does not exceed £20,000 shall be assessed at £1 per each £1,000,

(iii) 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 £2 per each £1,000, and

(iv) the weekly value of so much of the capital value of the property as exceeds £30,000 shall be assessed at £4 per each £1,000,

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;

(2A) Regulations may modify paragraph (2) in relation to the calculation of the weekly value of property belonging to a person;”.

(2) Each provision of the Principal Act mentioned in column (1) of Schedule E to this Act is amended in the manner specified in column (2) of that Schedule opposite the mention of that provision in column (1).

(3) Subject to subsection (4), this section shall not have the effect of reducing the rate of any assistance payable below the rate payable immediately before the commencement of this section in relation to that assistance.

(4) Subsection (3) shall cease to apply to any person where the amount of capital on which the assessment of his or her means was based on the commencement of this section, is found to have increased.

(5) This section comes into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.