Supreme Court dismisses father and son’s appeal over care allowance while child was hospitalised

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The monthly allowance is for children under 16 who have severe disabilities and require ongoing care

ByA father and his severely disabled son have lost their Supreme Court appeal over being refused a domiciliary care allowance for more than two years while the boy was in hospital.

The boy qualified for the payment, on account of a number of serious medical conditions, when he resided at home. The child was discharged from hospital in late 2017, and the allowance has been paid since then. Delivering the court’s judgment, Ms Justice Iseult O’Malley said a challenge to legislation based on the guarantee of equality can only succeed if the exclusion is grounded on a constitutionally illegitimate consideration that results in an irrational distinction where some people are treated as inferior for no justifiable reason.

The judge noted that the level of care provided to the boy by his parents was not only extremely onerous but appeared, to an extent, to be expected by the hospital.

 

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