Courts / Dublin / Report

Challenge to refusal of Exceptional Needs payment

Summary

The High Court heard the first challenge to the Minister for Social Protection's refusal to grant an Exceptional Needs Payment (ENP) to pensioner Martin Finn. Finn, who suffers from asthma, arthritis and heart problems, applied for an ENP to purchase a winter jacket, claiming the cold weather worsened his conditions. On 17 September the Minister denied the request, citing a new policy that the need must be both exceptional and unforeseen. Finn's counsel argued that this requirement lacks statutory basis and that the Minister's discretionary power is improperly exercised. The case raises a wider issue of how the ENP scheme is applied nationwide, affecting thousands of applicants. Finn, aged in his sixties and residing in Ballybough, seeks an order quashing the refusal and a declaration that the Minister has fettered his discretion under Section 201 of the 2005 Social Welfare Act. The judge granted permission ex‑parte and set a return date for early December.

Who, what, where, when and why

What: Report matter: Challenge to refusal of Exceptional Needs payment. Procedural stage: hearing_or_decision

When:

• September 17th Other
• 2017-11-20 Publication

Case subjects

Places mentioned

Topics

Stage Hearing Or Decision

Related court reports

• Man charged with having 56k child abuse images and videos remanded on bail
• Ex-Dáil hopeful's allegations against former employer 'complete fantasy', WRC told
• Mater must pay €10k to worker who said he was wrongly accused of abusing patient
• 'I think we know I won't be getting bail' - Daniel Kinahan charged with directing criminal organisation
• Letting agent who claimed alleged domestic violence victim abandoned tenancy by fleeing to refuge must pay €14.7k
• 77-year-old with 470 convictions told Luas staff to 'f**k off'

Read the original CNI report