Ruling on constitutionality of child benefit direct provision payment overturned by Supreme Court

The Supreme Court has overturned a significant finding that a social welfare law which prevented payment of child benefit to an Irish citizen child in direct provision solely because of her mother’s immigration status is unconstitutional.

A five-judge Supreme Court ruled today that the Court of Appeal had, in finding unconstitutionality, erred in focussing on the status of the child for whom benefit may be payable rather than on the status of the "claimant" for child benefit, her mother.