Man challenges decision to cease PUP after he temporarily left the State

A Romanian man living here for a decade has brought a High Court challenge against the State’s decision to stop paying him the Covid19 Pandemic Unemployment Payment (PUP) after he temporarily left the State for family reasons.

Mihai Adrian Hofman, who has resided in Ireland since 2010 and works as a chef, began to receive the PUP payments in late March of this year.

In late June, he had to return to Romania due to a family emergency.

Arising out of him leaving the State, his PUP payment was unilaterally ceased, it is claimed.

He returned to Ireland on July 21st. He had intended to return a week earlier but was prevented from doing so due to a flight cancellation.

He claims the decision to cancel his payment was unreasonable, flew in the face of common sense and was wrong in law.

As an Irish resident, he is entitled to the PUP payment, it is claimed.

He also claims the decision was unlawful because he was not given notice of or an opportunity to address why his PUP was being stopped.

He attempted to have his PUP payment restored, and his arrears discharged but the Minister for Social Protection has refused to do that, he claims.

As a result, Mr Hofman, Willowbrook Lodge, Celbridge Co Kildare has brought proceedings against the Minister, Ireland and the Attorney General.

He wants orders quashing the Minister’s decision to refuse to reinstate his PUP payments and to make back payments to him.

He claims he was entitled to notice, and an opportunity to address issues raised by the Minister before the payment was stopped.

Derek Shortall SC, with Brendan Hennessy BL, for Mr Hofman, said a similar action had come before the courts in recent weeks but was resolved.

On Monday, Mr Justice Charles Meenan granted permission, on an ex parte basis, to bring the challenge and returned the matter to January.