Social Welfare Act, 1951

Restriction of section 4 (3) of Act of 1908.

2.—(1) Subject to subsection (2) of this section, subsection (3) of section 4 of the Act of 1908 shall not apply to any assignment (whether effected before or after the passing of this Act)—

(a) which is an assignment to a child or children of the assignor, and

(b) as respects which the property comprised therein consists of a farm of land (together with or without the stock and chattels thereon) the rateable value of which (including the buildings thereon) does not exceed thirty pounds and of which the assignor is the owner and the occupier or the occupier only.

(2) Subsection (1) of this section shall not apply to an assignment by a person who, at any time within the three years ending when the relevant claim for a pension or application for an increase of a pension is made, was, as respects any agricultural lands exceeding thirty pounds in rateable value or aggregate rateable value, the owner and occupier thereof, the occupier only thereof or the owner and occupier of part thereof and the occupier only of the remainder.

(3) In this section, “assignment” includes any form of conveyance, transfer or other transaction by which a person parts with the ownership or possession of property.