Court to decide constitutionality issues around immigration status and child benefit payments

The Supreme Court has agreed to hear an important appeal by the State over a finding that a law preventing payment of child benefit to an Irish citizen child, living in direct provision because of the immigration status of her mother, is unconstitutional.

The Court of Appeal had suspended until February 1, 2019, formally making a declaration of unconstitutionality concerning Section 246(6) and 246(7) of the Social Welfare Consolidation Act 2005 insofar as they prevent payment of child benefit for an Irish citizen child resident here solely by reason of the immigration status of the parent claimant.