Courts / Ireland / Report

Mother of special needs boy challenges care allowance refusal

Summary

The mother of a 14‑year‑old boy with a recognised severe disability that severely limits his motor skills and basic daily tasks has brought a High Court action against the Minister for Social Protection. She applied for a monthly domiciliary care allowance of just over €300 in 2019, but her application was refused in a series of decisions, and a subsequent appeal was also dismissed. In her appeal she supplied additional medical evidence and requested an oral hearing, which was denied because of the Covid‑19 pandemic. The Minister's official later stated that the new information could not be considered, a decision the mother finds irrational, unreasonable and disproportionate. She seeks orders to quash the Minister's May 2020 decision that disallowed her appeal and the July 2020 statement that the new material could not be taken into account. Permission to proceed was granted ex‑parte by Justice Charles Meenan, with the case set for a return in October.

Who, what, where, when and why

What: Report matter: Mother of special needs boy challenges care allowance refusal. Procedural stage: hearing_or_decision

When:

• May 2020 Hearing Or Sentence
• July 2020 Hearing Or Sentence
• 2020-07-27 Publication

Case subjects

Places mentioned

Topics

Stage Hearing Or Decision

Read the original CNI report