McGovern v Chief Appeals Officer & Ors (Approved) [2021] IEHC 202 (19 March 2021)

McGovern v Chief Appeals Officer & Ors (Approved) [2021] IEHC 202 (19 March 2021)

The applicant is not entitled to the pension or grant because his UK divorce was not recognised as valid in Ireland under s.123 of the Social Welfare Consolidation Act 2005, and there is no basis in Irish constitutional law or EU law to require such recognition in these circumstances. The relevant EU regulations do not apply retrospectively or to the applicant's facts, and there is no evidence the applicant exercised free movement rights. There is no unconstitutional lacuna or unlawful discrimination, and the Appeals Officer did not fetter her discretion.

Citation
[2021] IEHC 202
Parties
Applicant: Patrick McGovern; Respondent: Chief Appeals Officer; Respondent: Minister for Employment Affairs and Social Protection; Respondent: Ireland; Respondent: Attorney General
Jurisdiction
Ireland
Judgment Date
19 March 2021
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Reliefs refused
Legal Topics
Recognition of Foreign Divorces, Eligibility for Social Welfare Benefits, Interpretation of Social Welfare Consolidation Act 2005, Application of EU Regulations to Social Security, Discrimination and Equality Before the Law
Social Welfare Law Constitutional Law European Union Law Recognition of Foreign Divorces Eligibility for Social Welfare Benefits Interpretation of Social Welfare Consolidation Act 2005 Application of EU Regulations to Social Security Discrimination and Equality Before the Law

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 16 Party arguments 2
Sign in to unlock

Parties

Patrick McGovern

Applicant

Chief Appeals Officer

Respondent

Minister for Employment Affairs and Social Protection

Respondent

Ireland

Respondent

Attorney General

Respondent

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Whether the applicant is entitled to Widower’s (Contributory) Pension and Widowed or Surviving Civil Partners Grant under Irish law, the Constitution, or EU law
  2. 2 Whether the applicant's UK divorce should be recognised in Ireland for the purposes of social welfare eligibility
  3. 3 Whether the refusal to recognise the applicant's divorce and subsequent marriage constitutes unlawful discrimination or an unconstitutional lacuna

Ratio Decidendi

The applicant is not entitled to the pension or grant because his UK divorce was not recognised as valid in Ireland under s.123 of the Social Welfare Consolidation Act 2005, and there is no basis in Irish constitutional law or EU law to require such recognition in these circumstances. The relevant EU regulations do not apply retrospectively or to the applicant's facts, and there is no evidence the applicant exercised free movement rights. There is no unconstitutional lacuna or unlawful discrimination, and the Appeals Officer did not fetter her discretion.

Court Disposition

Reliefs refused