Community Law & Mediation (CLM) has added a number of new case reports to Casebase, its free-to-access database of reports on decisions of the Social Welfare Appeals Office. It is also seeking case examples from other organisations to add to the database.
What is Casebase and how can it help individuals and advocates?
Casebase aims to provide greater insight into decisions on social welfare appeals and the law on social welfare in Ireland.
There are a number of barriers to justice in the field of social welfare law. For example, many people are not aware that issues relating to their social welfare entitlements may be legal in nature. For those looking to make an appeal to the Social Welfare Appeals Office (SWAO), legal aid is not currently available to assist with what can be a complex process requiring a good level of knowledge of rights and entitlements in the area. Apart from a selection of case studies published in its Annual Report and on its website, most of the decisions of the SWAO are not published so it is difficult to find out if similar cases were successful or not when appealed.
If you are making an appeal to the SWAO, or you are helping someone else to do so, you can search Casebase to find out what happened in cases similar to yours, and what arguments were successful.
The case reports on Casebase are supplied not only by CLM, but also by other law centres and advocacy organisations that help people access their social welfare entitlements. They relate to a range of social welfare benefits and payments such as Disability Allowance, Family Income Supplement, Habitual Residence Condition, State Pension, Child Benefit, Jobseekers Allowance, Illness Benefit, Rent Supplement and much more.
Latest case examples
New reports are always being added to Casebase and they cover a range of areas and oftentimes topical new judgments and decisions.
Most recently, reports on two related judgements delivered by the Supreme Court were posted on Casebase. The first judgement (Petecel -v- The Minister for Social Protection & ors) (G0110), accessible here, related to Disability Allowance and its exportability for a person who had lawfully lived and worked in Ireland for a period of time but had returned to his home country for medical treatment.
The appellant applied, through his legal guardian, for Disability Allowance pursuant to section 210(1) of the Social Welfare Consolidation Act 2005. His application was refused on the basis that he was not resident in the State. He sought a review of that decision pursuant to section 301 submitting that he was still habitually resident in the State, as his absences were for the purpose of receiving medical care. Furthermore, it was argued that Disability Allowance was a “sickness benefit” for the purpose of Article 3(1)(a) of EU Regulation 883/2004 and therefore “exportable”. The request for a revision was refused.
The appellant then sought to challenge the refusal by way of judicial review, seeking to quash the relevant decisions and obtain additional declaratory relief. The Supreme Court concluded that Disability Allowance was a form of social assistance payment properly classified as a non-exportable “special non-contributory cash payment” within the meaning of Article 70(2) of Regulation 883/2004. The appellant’s appeal was dismissed.
The second related judgement (G0109), accessible here, deals with the appellant`s entitlement to take a judicial review in his social welfare case despite not having exhausted the entire Social Welfare Appeals system. Here, the Supreme Court ruled that the appellant was entitled to bring judicial review proceedings as the question of the classification of Disability Allowance was not one which could be explored adequately within the Social Welfare Appeals process.
A third report (G108) added to Casebase recently and accessible here, related to a joint decision in respect of two cases that both addressed the question of when a parent of as of yet undetermined immigration status is entitled to a child benefit payment in respect of a child who either is an Irish citizen or holds refugee status .
The appellants had each applied for child benefit while living in Direct Provision as they awaited the outcome of their respective requests for permission to remain in the State, The said applications were refused on the basis that absent a legal right to reside in the State they were not considered “habitually resident” for the purposes of s.220 of the Social Welfare Consolidation Act 2005. Following the regularisation of their immigration status, further applications for child benefit were made by both applicants which the Department of Social Protection acceded to and backdated to the date they were granted permission to remain. They then sought to have child benefit further backdated to the date that the relevant child became a “qualified child” under s.219 of the 2005 Act. The Department refused to do so.
The case progressed all the way to the Supreme Court, where it was held that there was no requirement in EU law to backdate child benefit payments in the manner claimed and that the equality provisions were not breached in circumstances where the habitual residency requirements applied to all prospective applicants equally.
How you can access Casebase
Casebase may be accessed here and if you or your organisation would be interested in contributing a case to Casebase, or finding out more about Casebase, please contact CLM’s social welfare solicitor Ruth Barry at rbarry@communitylawandmediation.ie or phone 01 847 7804.
About Community Law & Mediation
Community Law & Mediation (CLM) is an independent, community-based organisation that works to empower individuals and communities experiencing disadvantage by providing expert and free legal information, advice, advocacy education and mediation services. CLM`s community law centres are based in Dublin (Coolock) and Limerick City. Throughout the Covid-19 pandemic, it has continued to provide much-needed services by phone consultation and online.