Courts / Ireland / Report
Father sues Minister for Social Protection over care allowance refusal
Summary
The father of a young boy with a serious medical condition has brought a High Court action against the Minister for Social Protection and the Attorney General, claiming the Minister's refusal to pay the Domiciliary Care Allowance is unconstitutional and violates the European Convention on Human Rights. The allowance is a monthly payment for children under 16 with severe disabilities who require ongoing care, but the father was informed in April that his son, who is currently in hospital, does not qualify because he is in an institution. The father, represented by Derek Shortall Bl and instructed by solicitor Gareth Noble, argues that he and his son have been discriminated against, as other children who are not hospitalised receive the allowance. He seeks an order quashing the Minister's decision of 23 May and declarations that the relevant sections of the 2005 Social Welfare Consolidation Act are unconstitutional and unlawfully discriminatory.
Who, what, where, when and why
What: Report matter: Father sues Minister for Social Protection over care allowance refusal. Procedural stage: hearing_or_decision
When:
- May 23 Other
- 2017-05-30 Publication
Why: The father of a young boy with a serious medical condition has sued the Minister for Social Protection refusal to pay him the Domiciliary Care Allowance because the child is currently in hospital. CNI source report
Case subjects
Applicant
Places mentioned
- The High Court
Topics
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