HIV mother-of-three challenges withdrawal of welfare payments

A mother, who along with one of her three young children is HIV positive, has secured the permission of the High Court to challenge the HSE's decision to cease making social welfare payments to her.

The court heard that as a result of the decision to withdraw the payments, made last July, the family were evicted from where they had been staying and are currently residing in shared emergency accommodation.

The woman appealed those decisions but claims that the HSE has yet to determine her applications, some eight months after the appeals were lodged. The woman claims she is now destitute. Both she and her eldest child are HIV positive, and on medication, while the other children are monitored for the virus.

The court heard that while her Supplementary Welfare allowance was reinstated last March, she is fearful that it maybe cut off again. She has had to rely on charity and has had to borrow money from friends.

The woman, who has resided in Ireland since 2003, claims that the payments were wrongfully withdrawn because the HSE held, despite evidence to the contrary, that her husband was residing in the family home and in a position to financially support them.

Today at the High Court the woman and her three children secured leave to bring proceedings against the HSE aimed at quashing the decision July of 2009 to withdraw both Rent Supplement Allowance and Supplementary Welfare Allowance payments.

In her proceedings the woman is seeking an injunction directing the HSE to reinstate the payments. She is also seeking a number of declarations including that the decision was irrational, disproportionate and in breach of her right to fair procedures, that the HSE erred in law by withdrawing the payments, and that her case be fully investigated.

She is also looking for a declaration that she is entitled to a decision from the HSE in relation to her appeal within a reasonable time. Leave was granted, on an ex parte basis, by Mr Justice Michael Peart. The judge made the matter returnable to a date later this month.

Moving the application, Mel Christle SC appearing with Derek Shortall Bl, said that the HSE's decision to cease payments has resulted in major disruption to their family life, especially for her eldest child. Counsel said that the child has to travel far to go to school, and only has water to bring with her for her lunch.

The woman came to Ireland seven years ago and was allowed to remain here in 2005. Her eldest child was born with HIV. She was in receipt of the allowances up to about July 2009 when they were stopped on the basis that the woman's husband was residing in the house.

The woman claimed that this was an error. She claimed that the strain of looking after her children has been difficult and as a result in 2009 her husband came on a visitor's visa to offer relief. He did not reside with her, but stayed with a friend.

She appealed the decision to withdraw the payments in October-November of last year, but no decision has been made after eight months. Earlier this month her solicitor was informed by the HSE that a decision would be made soon.