Challenge to refusal to backdate benefit pay

A woman who spent more than six years in direct provision with her husband before they were granted subsidiary protection here has challenged the refusal to backdate child benefit payments for their eight-year-old Irish-born son.

The case, brought by the woman and child, is regarded as a test case raising significant issues under Irish and EU law concerning the rights of children and the child benefit entitlements of people who are granted subsidiary protection.

No regard seems to have been paid to the interests of this child in the various decisions on child benefit, argued Michael Lynn, instructed by the Free Legal Advice Centre, for the applicants.