A married couple who fled the war in Ukraine have been granted leave for a judicial review hearing over their claimed loss of disability and social welfare allowances due to a change of status to their living arrangements made last year.
The couple, who cannot be identified by order of the court, have been under temporary protection in a hotel in Ireland since April 2022 and have no income apart from State assistance.
The pair are seeking a High Court order quashing the October 2024 decision made by the Department of Social Protection to refuse a review of an application made by the husband for an additional needs payment after their support was cut.
The couple have taken the action against the Minister for Social Protection, Ireland and the Attorney General.
The couple are also seeking declarations from the High Court to say that the respondents are in breach of European Law regarding guarantees of minimum standards of living for persons under temporary protection and that the respondents are acting in a manner "incompatible" with the Constitution.
The woman suffers a severe neurological condition and is wheelchair bound due to chronic pain syndrome while her husband has high blood pressure, diabetes, and weight issues.
In July 2022, she 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 for Social Welfare that, effective from September 9th, 2024, and because they were in a State-paid hotel that they would no longer be eligible for their disability and carer's allowance as they were now considered to be living in "designated accommodation".
The man was told that as he was to no longer receive a carer's allowance that 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 2024, the man was subsequently refused a review of a decision denying him any additional payments, which he applied for in September 20024.
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 the department's own obligation to have regard to all circumstances in the case, according to Section 201 of the Social Welfare (Consolidation ) Act 2005.
The pair also submitted to the court that the reclassification of the applicants' place of accommodation as of September 9, 2024, was of "no material relevance to the applicants' accepted need for such assistance".
At the High Court today Feichín McDonagh SC, for the couple, successfully applied for a judicial review hearing in the matter which was granted by Ms Justice Mary Rose Gearty, who then adjourned the matter to February.
