Courts / Ireland / Report
Rapist father loses bid to get State pension in jail
Summary
The High Court dismissed a convicted rapist's constitutional challenge to a law that bars prisoners over 65 from receiving the State pension while serving custodial sentences. The man, serving a 12‑year sentence for raping and sexually assaulting his daughter, was disqualified from the €230‑per‑week pension after his 75‑year‑old conviction. He argued that the disqualification amounted to an extra‑judicial punishment and breached the Irish Constitution and the European Convention on Human Rights. Mr Justice Donald Binchy rejected these claims, stating that the right to pension is a statutory entitlement subject to eligibility conditions set by the Oireachtas. He held that Section 249.1 merely suspends payment when a person is imprisoned, a rational measure to prevent the individual from accumulating a lump sum while the State maintains them. The case was adjourned for further consideration.
Who, what, where, when and why
What: Report matter: Rapist father loses bid to get State pension in jail. Procedural stage: sentence. Findings: Convicted
When:
- 2016-04-29 Publication
Why: It was estimated he would lose out on more than €95,000 in pension payments because of the disqualification order. CNI source report
Case subjects
Convicted Person
Finding: Convicted
Outcome: Convicted; The High Court has dismissed a convicted rapist's constitutional challenge against a law preventing prisoners over 65 years from receiving the State pension while they are serving custodial sentences.; The case was adjourned to allow both sides consider the court's judgement.
Places mentioned
- The High Court
- Central Criminal Court
Topics
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