Courts / Ireland / Report

Woman claims HAP was considered income in legal aid application

Summary

A mother of two, who relies on social welfare, has filed a High Court challenge against the Legal Aid Board after it denied her legal aid application. She argues the Board wrongly treated her Housing Assistance Payment (HAP) as income, which pushed her over the financial threshold for aid. The woman, who cannot be named, claims the HAP is a housing support paid to the landlord, not a benefit or income, and that the Board failed to consider her lack of means to fund litigation. She alleges the decision breaches her rights and statutory obligations. The Board's refusal was upheld in an internal appeal in October. The woman seeks judicial review to quash the refusal, compel reconsideration, and obtain declarations that the decision was unlawful, unreasonable, and based on irrelevant considerations. Mr Justice Charles Meenan granted permission ex‑parte, setting a return date for March.

Who, what, where, when and why

What: Report matter: Woman claims HAP was considered income in legal aid application. Procedural stage: hearing_or_decision

When:

• 2021-01-12 Publication

Why: A woman who wants to bring family law proceedings against her allegedly violent former partner has launched a High Court challenge over the Legal Aid board's refusal to fund her action. CNI source report

Case subjects

Places mentioned

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Stage Hearing Or Decision

Read the original CNI report