Community Law & Mediation (CLM) is an independent, community-based organisation with centres in Dublin (Coolock) and Limerick City. CLM works to empower individuals experiencing disadvantage by providing expert and free legal information, advice, education, and mediation services. Throughout the Covid-19 pandemic, CLM has continued to provide these much-needed services online and by phone consultation.
Social Welfare Applications and Appeals
There has been a significant increase in the number of people reliant on social welfare supports as a result of Covid-19, and it is likely that the impact of the pandemic on the economy, jobs, health, housing, and homelessness will be felt for some years to come. It is vital that members of the public and advocates are equipped to successfully navigate the application and appeals process in relation to their social welfare entitlements.
If an application for a social welfare payment is refused, the applicant can make an appeal to the Social Welfare Appeals Office (SWAO). However, 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.
The Casebase Database
Through its database, Casebase, CLM is working to give greater insight into decisions on social welfare appeals. For anyone making an appeal, or helping someone else to do so, they can find out what happened in similar cases, and what arguments were successful. The case reports published on Casebase relate to a range of social welfare benefits and payments such as Family Income Supplement, Habitual Residence Condition, State Pension, Child Benefit, Jobseekers Allowance, Illness Benefit, Disability Allowance, Rent Supplement, along with many others.
Case Examples
New reports are always being added to Casebase, covering a range of areas and often 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 the exportability of Disability Allowance outside of Ireland for a worker who had returned to their country of origin for medical care. The Casebase report for this judgment details the complex point of EU law of how Disability Allowance should be classified. Given the complicated nature of this and many social welfare cases, it is hoped that Casebase gives an understandable and user-friendly account of the law at issue that advocates can readily apply in their own casework.
A second related report (G0109), accessible here, deals with the appellant`s entitlement to take a judicial review in their 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. This judgment raises interesting considerations in administrative law and for advocates, it is hoped that this Casebase report goes to show the scope for taking cases to judicial review and appellants` recourse to such litigation.
A third report (G0108) 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.
Accessing Casebase
Casebase is free-to-access and may be accessed here. Individuals and organisations 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.