A mother who challenged a refusal by the Department of Social Protection to pay her a care allowance, despite her daughter requiring full-time care and attention, has successfully resolved her case in the High Court.
The challenge is seen as an important test case, which may have implications for other carers whose applications were declined by the Department.
The woman had applied for the monthly Domiciliary Care Allowance because her young daughter suffers from rare and challenging medical conditions, but her applications were refused by the Department of Social Protection and, on appeal, by the Social Welfare Appeal Office.
A judicial review at the High Court of the Social Welfare Appeal Office claimed the refusal of the allowance was based on decisions that were flawed and in “serious breach” of fair procedures.
The court was informed yesterday afternoon that the matter had been settled and that the Department had agreed that the refusals could be quashed.
The applicant mother will also to be paid her legal costs.
Another case which will be heard on April 11th will examine whether Article 41.2 of the Constitution, which recognises the value of the work of women at home, can be relied on in the appeal by a woman caring for her adult son, who has serious disabilities, who is challenging the level of the means-tested carer’s allowance.
As the recent Referendum on Carers showed ,and the failed intended alteration of the Constitution showed , the various Govts have avoided an obligation to support Carers and Mothers by inserting the legalistic terms ‘endeavour’ and ‘strive’ to avoid concrete obligations.
Great news. You’d swear it was their own money.
Very timely! Way too late, but politically timely?