The Workplace Relations Commission dismissed a Disability Allowance applicant’s discrimination complaint against the Department of Social Protection, finding that it challenged actions required by social welfare legislation. The decision was dated 18 August 2023.
The complainant argued that assessing her allowance against her husband’s income discriminated against her on disability, civil status and family status grounds. She compared her assessment with that of a person living with parents, whose income is not counted. The Department said it had applied the statutory means test.
The adjudication officer found that the allowance had been assessed in accordance with the legislation. Because the challenged action was required by law, the officer found the complaint misconceived and dismissed it; the merits of the discrimination allegation were not decided.