Older farmers are facing "serious uncertainty" over the potential impact of farm transfers on the pension means test, a TD has said.

Independent TD for Offaly, Carol Nolan said the Department of Social Protection has confirmed that no statutory timeframe exists for when transferred farmland stops being counted as means for the State Pension (non contributory).

She said that while genuine family farm transfers may be accepted, the department assesses deprivation of property on a case-by-case basis and has no defined period after which the land is disregarded.

"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," Deputy Nolan said.

Pension

In response to questions from Deputy Nolan, Minister for Social Protection Dara Calleary also confirmed that a departmental working group has been established to examine the issue.

"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," the minister said.

However, Deputy Nolan said that no timeline has been provided for reform or for the introduction of clear rules.

She believes the continuing lack of certainty in this area is undermining responsible succession planning.

"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," she said.