Court of Appeal refused relief in care allowance challenge

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

A father and his son were refused relief by the Court of Appeal after challenging the refusal of Domiciliary Care Allowance while the child was in hospital. The source also records that they were granted leave to appeal to the Supreme Court.

The father applied for the allowance in July 2016. The Minister for Social Protection refused the application on 6 April 2017 because the child was not then resident with him. The father sought a review, citing the significant time he devoted to his son’s care, but the Minister declined to reverse the decision on 23 May 2017.

The applicants obtained leave to bring High Court proceedings on 29 May 2017. They sought to quash the Minister’s decisions and challenged the constitutionality and human rights compatibility of the relevant provisions. They also sought an alternative declaration that the child was resident with his father for the purposes of the legislation.

On 1 June 2018, Mr Justice Binchy refused the relief sought. He held that the difference in treatment was justified because the State was entitled to take measures to avoid the potential duplication of maintenance for an eligible child. He also dismissed the application for a declaration of incompatibility.