Carer’s allowance refused to grandmother caring for special needs grandchildren due to lack of right to reside

The High Court refused an application for judicial review by a Romanian national who had moved to Ireland to provide full-time care for her two severely autistic grandchildren. The applicant challenged the refusal of carer’s allowance on the basis that she should have been regarded as a 'worker' under EU law, and thus entitled to reside and be habitually resident in the State. The court held that her caring arrangement for family members, provided voluntarily in return for board and lodging, did not amount to 'work' for EU law purposes, and therefore she did not have a right of residence or meet the criteria for habitual residence required for the allowance. The court also rejected arguments that the relevant EU Directive had been incorrectly transposed into Irish law and found that carer’s allowance was properly classified as social assistance; since the applicant had no resources of her own, she could not satisfy the criteria for economically inactive persons. Consequently, all reliefs sought by the applicant were refused.