Decision sought to quash benefits refusal over alleged failure to reflect on ‘no material change’ to circumstances
Couple from Ukraine take High Court case over alleged loss of welfare paymentsThe woman allegedly suffers a severe neurological condition and is a wheelchair user due to chronic pain syndrome while her husband allegedly has high blood pressure, diabetes and weight issues.
In July 2022, the woman was awarded a disability allowance by the department and was accommodated on a “full-board” basis by the State in a hotel, after being assessed as having a means of €0 per week. The woman was provided with an allowance of €208 per week while her husband was awarded a carer’s allowance of €224 per week after he was similarly assessed. However, the couple were told by the department that, effective from September 9th last, and because they were in a State-paid hotel, that they would no longer be eligible for their disability and carer’s allowances as they were now considered to be living in “designated accommodation”. The man was told that as he was to no longer receiving a carer’s allowance, he was also no longer eligible for his free travel card. Both applicants claim they were told they would each receive only €70 a week to cover a compulsory hotel meals charge of €10 per day per person. In October, the man was subsequently refused a review of a decision denying him any additional payments, which he applied for the previous month. The couple are seeking a decision from the High Court to quash the refusal decision from the department on the basis of the failure to take into consideration the withdrawal of the disability and carer’s allowances when there had been “no material change” in their circumstances. Through their lawyers, the couple claim the department disregarded a “situation of obvious hardship” in breach of its own obligation to have regard to all circumstances in the case, according to section 201 of the Social Welfare Act 2005. The pair also submitted to the court that the reclassification of their place of accommodation as of September 9th last was of “no material relevance to the applicants’ accepted need for such assistance”. At the High Court on Monday, Feichín McDonagh SC, for the couple, secured permission to pursue the judicial review claims.Revenue asks court to wind up third BlackBee investment companyA Dunnes parcel goes missing, a customer loses €672, and the retailer won’t repay herNikita Hand asks court to restrain ‘imminent’ publication of CCTV footage used in Conor McGregor case Ringo Starr on holidaying in Ireland: ‘We hopped over on a plane, rented a car and found a little guesthouse for two nights’Israel awaits Hamas response to Gaza ceasefire and hostage release deal
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