Independent TD for Offaly, Carol Nolan, has said that the Department of Social Protection’s confirmation that no statutory timeframe exists for when transferred farmland stops being counted as means for the State Pension (non‑contributory) is creating serious uncertainty for older farmers and their families.
Deputy Nolan was responding to a parliamentary reply she received which outlined that, while genuine family farm transfers may be accepted, the Department still assesses deprivation of property on a case‑by‑case basis and has no defined period after which the land is disregarded:
“It is reasonable to suggest that farm families deserve far greater levels of clarity on this issue than that which currently exist. Indeed, while the Department has now confirmed that there is no statutory timeframe for when transferred land ceases to be assessed as means, this means that a farmer who transferred the holding years ago, often due to age or health, can still be treated as if they are the beneficial owners of the property. This is fundamentally unfair,” said Deputy Nolan.
The reply also confirms that a Departmental working group has been established to examine the issue, but no timeline has been provided for reform or for the introduction of clear rules.
Deputy Nolan said while this was very welcome, the continuing lack of certainty is undermining responsible succession planning:
“We constantly encourage early succession, yet the State’s own rules penalise farmers who do exactly that. Families cannot plan with confidence when they are left guessing how an investigating officer will interpret a transfer that happened five, ten, or even fifteen years ago.”
“This affects older farmers who have already stepped back from active farming and who should not be subjected to prolonged ambiguity or discretionary assessments. We need transparent, statutory guidelines not case‑by‑case judgement calls.”
Deputy Nolan said she will continue pressing the Department to introduce clear, legally defined parameters that recognise genuine family settlements and protect older farmers from inconsistent or unpredictable means assessments.
The Minister for Social Protection said that a “working group has been established in my Department to examine how the matter could be addressed.”
“The group comprises operational and policy representatives across the range of means-tested schemes in my Department. The group continues to consider this complex and multi-faceted issue,” Minister Dara Calleary said.