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High Court refuses judicial review of a decision by the Minister for Social Protection to refuse Jobseekers' Allowance, Supplementary Welfare Allowance and Child Benefit to a Romanian national, where it had been determined that she was not lawfully resident in the state, on the grounds that: (a) European Union law did not preclude a member state from imposing a lawful residence test in relation to social welfare provision; and (b) it was an objective of the relevant EU directive that persons exercising the right to freedom of movement should not become an unreasonable burden on the social assistance system of the host state.
Judicial review - social welfare - "right to reside" - habitual residence condition - entitlement of European Union citizens to social welfare if they have a right to reside in the state - claim by Romanian national - claim refused on grounds that she had no right to reside in Ireland - s. 246 of the Social Welfare Consolidation Act 2005 (as amended) - freedom of movement - Directive 2004/38/EC - Art 14 - Regulation (EC) 883/2004 - Regulation 492/2011 - S.I. No. 656/2006 European Communities (Free Movement of Persons) (No. 2) Regulations 2006 - applicant never employed in Ireland - had been self-employed - no evidence of income - application for child benefit - Jobseekers' Allowance - Supplementary Welfare Allowance - Child Benefit.
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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