The High Court has refused a judicial review challenge by a disability allowance recipient whose payments stopped during periods of imprisonment, finding that prison made him ineligible under the statutory criteria for the payment.
The applicant sought to quash a 5 May 2022 decision by the Minister for Social Protection refusing a review of the stoppage. He also challenged the relevant provisions of the Social Welfare Consolidation Act 2005 under the Constitution and the European Convention on Human Rights, and sought a declaration that his allowance should be reinstated automatically on release.
The court held that the allowance requires a person’s restriction from suitable employment to result from their disability “and for no other reason”. While in prison, the applicant was also unable to work because of his incarceration. The judge said the loss of eligibility was not designed as an additional punishment imposed outside the criminal court process.
The applicant relied on a Supreme Court ruling concerning the suspension of a State contributory pension during imprisonment. The judge distinguished that case, saying the pension provision was an automatic disqualification, while disability allowance depends on meeting eligibility criteria. The judge concluded that the Supreme Court ruling did not require the court to find the allowance rules unconstitutional.
The court also rejected the equality challenge. The applicant compared his treatment with that of people detained for treatment who can retain disability allowance. The judge found the two groups were detained on different legal bases and were not in comparable situations for the purpose of the constitutional claim. The distinction was not arbitrary, capricious or irrational, the judge said.
On reinstatement, the court noted the Minister’s administrative arrangement: recipients imprisoned for less than six months are put back on the allowance automatically, while others must reapply and establish their disability and means eligibility at release. The judge found no unlawful entitlement to automatic reinstatement. Eligibility could depend on circumstances such as means or age changing during imprisonment.
The judge also refused the Convention claims, finding them at variance with Strasbourg court decisions. The application was refused. The court listed the matter for 10.30am on 23 July 2024 to deal with final orders, including costs.