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Supreme Court, in a supplemental judgment (having determined that an applicant was entitled to challenge a residency requirement by way of judicial review rather than by way of statutory appeal), dismisses appeal from the Court of Appeal and affirms determination that the Minister for Social Protection was entitled to impose a habitual residence condition on an award of disability allowance, on the grounds: (a) that the allowance was classified in EU law as a 'special non-contributory allowance' for the purpose of protecting disabled people from poverty, where they did not have sufficient contributions to qualify for invalidity benefit; and (b) there was no requirement to extend it to persons resident outside the State.
O'Malley J (nem diss): Judicial review - supplementary judgement - whether applicant entitled to proceed to judicial review rather than a statutory appeal - whether entitled to claim disability allowance despite not being habitually resident in the State - written submissions - legal classification of payment - how classification might be affected by consideration of provisions in question - relevant features of disability - purpose of payment - protection of disabled persons against poverty - purpose of medical examinations.
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.
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