Is it discriminatory that the parents of a child with a severe disability, who needs continual care, be refused access to the Domiciliary Care Allowance (‘DCA’) because of the time the child has spent in hospital?
The Supreme Court on 18 January 2022 heard arguments in a significant disability rights case where the Irish Human Rights and Equality Commission (the Commission) exercised our amicus curiae (friend of the court) role.
The case of Donnelly v. Minister for Social Protection & Ireland is focused on the situation where a father was deemed ineligible for DCA, because his severely disabled child was resident in hospital for periods of time that were longer than specified in the legislation providing for the allowance.