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High Court refuses an application for certiorari of the Minister for Social Protection's decision to stop disability allowance payments to an applicant during periods of lawful detention in prison, finding that the applicant did not meet the qualifying criteria for disability allowance as set out in statute during imprisonment; and the court rejects the applicant's constitutional challenge against the relevant sections of the relevant statute, finding no extra-judicial punishment or inequality in treatment contrary to the Constitution.
Disability Allowance - Social Welfare Consolidation Act 2005 - certiorari - constitutionality - Article 34 - Article 38 - Article 40.1 - European Convention on Human Rights - discrimination - habitual residence - means test - incarceration - eligibility criteria - judicial review - presumption of constitutionality - Enright criteria - separation of powers - legislative history - means-tested benefits - contributory benefits - reapplication requirement - administrative arrangements.
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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