Social Welfare (Consolidation) Act, 1981

Calculation of means.

[1975 SWA, s. 12]

210.—(1) The weekly means of a person for the purpose of ascertaining his entitlement to supplementary welfare allowance shall be calculated in accordance with subsection (2).

(2) In calculating the weekly means of a person, account shall be taken of the following—

(a) all income in cash, including the net cash value of any non-cash earnings derived from personal exertions and the actual or estimated amount of any income as head of the household, whether as contributions to the expenses of the household or otherwise, but excluding—

(i) any sums received by way of children's allowance under Part IV ,

(ii) any sums received by way of allowance for domiciliary care of handicapped children under section 61 of the Health Act, 1970 , and

(iii) any sums arising from the investment or profitable use of property (not being property personally used or enjoyed by such person);

(b) the value of any property belonging to such person (not being property personally used or enjoyed by him) which is invested or which, though capable of investment or profitable use, is not so invested or profitably used, 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;

[1979, s. 18]

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

(d) the value of any benefit or privilege enjoyed by such person;

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

(3) The Minister may by regulations vary the provisions of subsection (2).