Incorrect legal test applied in deciding that separated father was not entitled to rent supplement for himself and four children

Judicial review - whether decision refusing applicant rent supplement is ultra vires - whether decision unreasonable or irrational - applicant a husband now separated from his wife - prior to separation, applicant and wife lived in the west of Ireland with their four children - after separation, husband agreed to part with his beneficial interest in former family home - since separation applicant has lived with various family members - applicant has applied for rent supplement from Department of Social Protection in order to obtain suitable rented accommodation prior to receiving social housing - applicant sought maximum amount payable (parent with 3 children or more dependent children) - Social Welfare Consolidation Act 2005 - Social Welfare (Consolidated Supplementary Welfare Allowance) Regulations - whether applicant's children are dependent on him for support - dependency limited to financial or material needs of children - Department of Social Protection and, subsequently, Chief Appeals Officer decided that applicant is a single person with no dependent children - decision makers decided that needs of children met by accommodation available with mother in west of Ireland - Court finds decision makers erred in law when deciding that children's material needs satisfied solely by accommodation with mother in West of Ireland - father, in assigning his interest in former family home, has provided for his children in financial terms - Court satisfied that decision maker applied incorrect test - not necessary for Court to examine Constitutional arguments raised by applicant - matter remitted to respondents for further consideration.