By: Mark Tottenham BL, on March 7th, 2012

Douglas v. Minister for Social Protection [2012] IEHC 27 (High Court, Charleton J, 6 February 2012)

High Court dismisses appeal from Social Welfare Appeals Officer, and determines that applicant was not entitled to social welfare having moved to Ireland from the UK four months prior to the hearing.

Social welfare - appeal from refusal - rejection of appeal by appeals officer - application for social welfare on arrival in Ireland from UK - irrelevance of appellant's racial origins - appellant's intention to study law in Ireland - Section 246, Social Welfare Consolidation Act 2005 - special treatment for persons coming from common travel area with UK - requirement that person be resident in state for two years prior to making application - s 189, 2005 Act - application for supplementary welfare allowance - offer by social welfare office for cost of repatriation to Britain.

Quotation from judgment (courtesy of the Courts Service of Ireland):

“Given ... the background of the appellant living all her 49 years in the United Kingdom, prior to coming to Ireland four months and two weeks ago, the date on which she applied, her intentions as they appear, her main centre of interest, the nature and pattern of her employment and above all the length and continuity of her residence in the State, I cannot see that there has been any serious and significant error which would entitle me to interfere with the decisions made in this case.”

Full Text on Court Services Website>

Key Cases Cited

Robin Swaddling v. Adjudication Officer (case C90/97) [1999] E.C.R. I-01075
Manorcastle Ltd v Commission for Aviation Regulation [2009] 3 IR 495
Rudy Grzelczyk v Centre Public d’Aide Sociale d’Ottignies-Louvain-la-Neuve(case C184 1999) [2002] E.C.R. I-06193
Brian Francis Collins v. The Secretary of State for Work and Pensions (Case C138/02) [2004] E.C.R. I – 02703