McDermott and Cotter v Minister for Social Welfare

• Jurisdiction: Ireland
• Judgment Date: 10 June 1988
• Neutral Citation: 1990 WJSC-HC 965
• Date: 10 June 1988
• Docket Number: No. 62/1987
• Court: High Court

1990 WJSC-HC 965

THE HIGH COURT

No. 62/1987

MCDERMOTT v. MIN SOCIAL WELFARE

JUDICIAL REVIEW

BETWEEN:

NORAH McDERMOTT

Applicant

and

THE MINISTER FOR SOCIAL WELFARE AND THE ATTORNEYGENERAL

Respondents

Citations:

COTTER V MIN SOCIAL WELFARE HAMILTON UNREP HIGH 10.06.88

SOCIAL WELFARE (CONSOLIDATION) ACT 1981 S20

SOCIAL WELFARE (CONSOLIDATION) ACT 1981 S21

SOCIAL WELFARE (NORMAL RESIDENCE) REGS 1974 SI 211/1974 ART 5

EEC DIR 79/7 ART 4(1)

Synopsis:

EQUITY

Relief

Entitlement - Equality - Justice - Public policy - Married woman - Unemployment - Disability - Increase of benefit - Unlawful discrimination - Payment of increase refused - Applicant woman entitled to equal treatment - Claim to payment of increase inequitable - Husband in employment - Public policy - (1987/62 JR - Hamilton P. - 10/6/88)

|McDermott v. Minister for Social Welfare|

EUROPEAN COMMUNITIES

Council

Directive - Implementation - Failure - Unemployment - Disability - Married woman - Unlawful discrimination - Applicant woman invoked Directive in domestic courts - Directive implemented by court - Domestic legislation and regulations replaced by provisions of Directive - Claim of applicant to unemployment benefit and disability benefit at same rate as married man - (1987/62 JR - Hamilton P. - 10/6/88)

|McDermott v. Minister for Social Welfare|

SOCIAL SERVICES

Welfare

Benefits - Unemployment - Disability - Weekly payments - Unlawful discrimination - Married woman living with husband - Husband employed - Rates of benefit being less than those payable to husband in corresponding situation - Failure of State to comply with Council directive - Directive enforceable directly in absence of implementation by State - Claim dismissed on grounds of inequitable nature of claim - Public policy - Social Welfare (Normal Residence) Regulations, 1974 (S.I. 211), article 5 - Social Welfare (Consolidation) Act, 1981, ss. 2, 20, 21 and Part 1 of second schedule - Council Directive No. 79/7/EEC (19/12/78) - (1987/62 JR - Hamilton P. - 10/6/88)

|McDermott v. Minister for Social Welfare|

WORDS AND PHRASES

"Public policy"

Equity - Equality - Entitlement - Married woman - Unemployment - Woman disabled - Increase of benefit - Unlawful discrimination - Payment of increase refused - Applicant woman entitled to equal treatment - Claim to payment of increase inequitable - Husband in employment - (1987/62 JR - Hamilton p. - 10/6/88)

|McDermott v. Minister for Social Welfare|

1 Judgment of the President of the High Court delivered on the10th day of June 1988

2 The Applicant herein is a married woman and resides with her husband and two children, Darren born on the 20th day of January 1972, and Tania, born on the 23rd day of September 1976, at Kellystown, Leixlip in the County of Dublin.

3 Her husband is in full time employment and is not dependent on the Applicant in the financial sense.

4 In these proceedings, the Applicant claims, inter alia, that:-

5 (1) A declaration that she is entitled to be paid unemployment benefit from the 23rd day of December 1984 until the 12th day of March 1985 at the appropriate personal rate then applicable to a married man in similar circumstances.

6 (2) A declaration that she is entitled to be paid an increase in the appropriate personal rate of unemployment benefit in respect of an...