Michael & Ors (minors) v Minister for Social Protection & Ors Approved (Rev1) [2019] IESC 82 (21 November 2019)

Michael & Ors (minors) v Minister for Social Protection & Ors Approved (Rev1) [2019] IESC 82 (21 November 2019)

The statutory exclusion of child benefit based on the immigration status of the parent is not an unconstitutional discrimination under Article 40.1, as the distinction is rational, relates to the status of the claimant parent, and does not directly discriminate against citizen children; any impact on citizen children is indirect and does not render the provision invalid.

Citation
[2019] IESC 82
Parties
Applicants/respondents: Michael (A Minor), Sarah (A Minor), Azmi (A Minor), Afsar (A Minor), all suing through their mother and next friend Ms. X, Ms. Z and Ms. X; Respondents/appellants: The Minister for Social Protection, The Attorney General, and Ireland; Applicants/respondents: Emma (A Minor suing by her mother and next friend Ms. Y) and Ms. Y
Jurisdiction
Ireland
Judgment Date
21 November 2019
Procedural Posture
Constitutional and Statutory Challenge / Supreme Court Appeal From Court of Appeal
Outcome
Appeal allowed; Court of Appeal decision reversed; statutory provisions upheld as constitutional.
Legal Topics
Equality Before the Law, Child Benefit Eligibility, Habitual Residence Requirement, Indirect Discrimination, Citizenship Rights
Constitutional Law Social Welfare Law Immigration Law Equality Before the Law Child Benefit Eligibility Habitual Residence Requirement Indirect Discrimination Citizenship Rights

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Parties

Michael (A Minor), Sarah (A Minor), Azmi (A Minor), Afsar (A Minor), all suing through their mother and next friend Ms. X, Ms. Z and Ms. X

Applicants/respondents

The Minister for Social Protection, The Attorney General, and Ireland

Respondents/appellants

Emma (A Minor suing by her mother and next friend Ms. Y) and Ms. Y

Applicants/respondents

Procedural Posture

Constitutional and Statutory Challenge / Supreme Court Appeal From Court of Appeal

Legal Issues

  1. 1 Whether the statutory exclusion of child benefit based on the immigration status of the parent violates Article 40.1 of the Constitution as regards Irish citizen children
  2. 2 Whether the Social Welfare Consolidation Act 2005, s.246, is unconstitutional in so far as it prevents payment of child benefit in respect of an Irish citizen child resident in the State solely by reason of the immigration status of the parent

Ratio Decidendi

The statutory exclusion of child benefit based on the immigration status of the parent is not an unconstitutional discrimination under Article 40.1, as the distinction is rational, relates to the status of the claimant parent, and does not directly discriminate against citizen children; any impact on citizen children is indirect and does not render the provision invalid.

Court Disposition

Appeal allowed; Court of Appeal decision reversed; statutory provisions upheld as constitutional.

Orders

  • Declaration that s.246 of the Social Welfare Consolidation Act 2005 is not unconstitutional in the respects challenged.
  • Restoration of the High Court's order dismissing the constitutional challenge.