Social Welfare Consolidation Act 2005 section 209

Interpretation

Section 209 defines key terms used throughout the Disability Allowance chapter, including what constitutes an "institution" and how "weekly means" and "means" are calculated for the purposes of assessing entitlement.

• An "institution" covers hospitals, convalescent homes, nursing homes for dependent elderly people, homes for people with physical or mental disabilities, and similar care establishments — but only where the cost of a person's maintenance is met in whole or in part by or on behalf of the Executive (the HSE).
• "Weekly means" is calculated by taking the claimant's yearly means, dividing by 52, and rounding the result to the nearest €1 (where it is not already a multiple of 50 cent or €1), subject to the detailed rules in Part 2 of Schedule 3.
• All references to "means" throughout the chapter refer to means as calculated under the rules set out in Part 2 of Schedule 3.
• Where a claimant sells their principal residence, the sale proceeds are disregarded in the means test (subject to conditions), but any investment income earned on those proceeds remains assessable.