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Application for child benefit arrears by migrant worker’s family member denied
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High Court refuses an application for judicial review seeking certiorari of a decision by the Department of Social Protection, which denied the applicant arrears of unpaid child benefit and a declaration that the relevant social welfare legislation is contrary to EU law, on the grounds that the applicant, as the child of migrant workers, was not the qualified person under Irish law to claim child benefit and that the refusal of her application did not contravene EU law.
Judicial review - certiorari - Department of Social Protection - child benefit - EU law - migrant worker - Social Welfare Consolidation Act 2005 - Regulation 1408/71 - Regulation 883/2004 - qualified person - habitual residence - entitlement to benefits - national legislation - free movement rights - CJEU case law - High Court discretion - time extension - Legal Services Regulation Act 2015.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
