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Supreme Court, on appeal from High Court, determines that legislation providing for the cessation of the contributory old age pension from the time of imprisonment was arbitrary and discriminatory, and amounted to an unconstitutional non-judicial penalty that had not been imposed in due course of law.
MacMenamin J (nem diss): Social welfare - cessation of State Pension Contributory (SCP) payments to person after detention in prison - s.249 (1) of the Social Welfare (Consolidation) Act, 2005 - conviction in 2011 of offences committed against family member - lengthy term of imprisonment - claim dismissed in High Court - whether section 249 of 2005 Act compatible with constitution - disqualification for receipt of any benefit for period while in imprisonment - extent of entitlement to SPC - legislative history - history of disentitlement to old age pension to prisoners - whether entitlement to pension was a property right under constitution or Convention on Human Rights - whether deprivation of pension amounted to "non-judicial sanction" - non-judicial punishment - separation of powers.
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