Mother challenges refusal of child benefit application

A Nigerian mother who is living with her Irish-born child in direct provision accommodation has brought a legal challenge to the refusal of her application for child benefit.

The woman's daughter suffers from a genetic disorder which requires ongoing treatment, the cost of which her mother finds difficult to meet from her €43 weekly allowance, the High Court heard.

In separate proceedings the woman is challenging the rejection of her claim for asylum.

Derek Shortall BL, for the family, said the action arises out of a decision by the Minister for Social Protection refusing to pay child benefit on the basis the mother has no right to reside in Ireland.

Counsel said both the mother and child reside in direct provision accommodation and the child has a genetic condition which requires ongoing medical treatment and monitoring.

The mother receives €43 per week, plus food and accommodation, and finds raising the child very difficult given her medical needs, counsel said.

The child’s father, a Nigerian-born Irish citizen, does not have an ongoing relationship with the mother but occasionally sees his daughter and provides small sums of money, counsel said.

Permission to bring the action was granted, on an ex-parte basis (one side only represented), by Mr Justice Richard Humphreys who adjourned the matter to next month.