Mother and profoundly disabled son lose Supreme Court appeal over means-tested carer's allowance
A woman and her profoundly disabled adult son lost their Supreme Court appeal arguing that the Minister for Social Protection was obliged to introduce regulations dispensing with the means-testing element of her carer's allowance. The five-judge court unanimously held that Article 41.2 of the Constitution imposes only an 'imperfect obligation' and does not create a legally enforceable right to State support.
- Reportednot reported
- Arrestednot reported
- Chargednot reported
- In court12 Nov
2 reports - Verdict
- Sentenced
Key facts
consolidated from all reports10 statements extracted from the articles
- whatThe appellant's son has significant developmental disabilities, hyperactivity and serious behavioural issues. (irishtimes.com)
- whatThe son's chronic sleep difficulties require care during the night. (irishtimes.com)
- whatThe woman was assessed in 2021 as entitled to €134 weekly rather than the full €219 allowance. (irishtimes.com)
- whatHer partner, the father of her son, earns €848 weekly. (irishtimes.com)
- whatThe woman provides 24-hour care at home to her adult son who has significant developmental disabilities, hyperactivity and serious behavioural issues. (irishtimes.com)
- whatThe woman was assessed in 2021 as entitled to €134 weekly rather than the full €219 because her partner earns €848 weekly. (irishtimes.com)
- courtThe Supreme Court will rule on the appeal on Tuesday morning. (irishtimes.com)
- courtThe appeal was heard in April 2024 and judgment was reserved by the five-judge court. (irishtimes.com)
- courtThe five-judge Supreme Court unanimously ruled the Minister for Social Protection was not obliged to introduce regulations dispensing with the means-testing element of the carer's allowance. (irishtimes.com)
- otherSection 186.2 of the Act enables the Minister to make regulations dispensing with the means test. (irishtimes.com)
The reporting
newest first- 12 Nov2024Mother and profoundly disabled son lose Supreme Court appeal over means-tested carer’s allowance
Supreme Court judgment dismissing the appeal; first report of this case.
victim, femalevictim, male - 12 Nov2024Supreme Court to rule on ‘systemically important’ carer’s allowance case
Provides detailed background including the specific allowance amounts (€134 vs €219), the partner's income (€848 weekly), the High Court judge's sympathetic comments, the 'leapfrog' appeal process, and confirmation that the five-judge court reserved judgment after hearing in April 2024.
victim, femalevictim, male