Supreme Court dismisses woman's appeal over means-testing of her carer's allowance

The mother effectively provides 24-hour care at home to her adult son who has significant developmental disabilities, hyperactivity and serious behavioural issues

In a judgment on Tuesday, the Supreme Court held that the High Court’s Ms Justice Niamh Hyland was correct to conclude that the reference to 'may' in section 186(2) is 'truly permissive and confers a power on the Minister rather than imposing a duty'.

A woman and her profoundly disabled son have lost a Supreme Court appeal over a means-tested reduction of her carer’s allowance.

The five-judge court unanimously agreed that the Minister for Social Protection was not obliged to introduce regulations that would effectively dispense with the means-testing element.