Osinuga (A Minor) v Minister for Social Protection
 IESCDET 205
THE SUPREME COURT
IN THE MATTER OF THE CONSTITUTION OF IRELAND AND IN THE MATTER OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS ACT 2003
(a minor suing by his mother and next friend Faith Osagie)
RESULT: The Court grants leave to the Applicants to appeal to this Court from the Court of Appeal.
ORDER SOUGHT TO BE APPEALED
|COURT: Court of Appeal|
|DATE OF JUDGMENT OR RULING: 5 th June, 2018|
|DATE OF ORDER: 20 th June, 2018|
|DATE OF PERFECTION OF ORDER: 29 th August, 2018|
|THE APPLICATION FOR LEAVE TO APPEAL WAS MADE ON 26 th September, 2018 AND WAS IN TIME.|
The general principles applied by this Court in determining whether to grant or refuse leave to appeal having regard to the criteria incorporated into the Constitution as a result of the 33 rd Amendment have now been considered in a large number of determinations and are fully addressed in both a determination issued by a panel consisting of all of the members of this Court inand in a unanimous judgment of a full Court delivered by O'Donnell J. in (Under Administration) . The additional criteria required to be met in order that a so-called “leapfrog appeal” direct from the High Court to this Court can be permitted were addressed by a full panel of the Court in . Accordingly it is unnecessary to revisit the new constitutional architecture for the purpose of this determination.2. The application for leave filed, and the respondents' notice thereto, are published along with this determination (subject only to any redaction required by law) and it is therefore unnecessary to set out the position of the parties in detail.
Child benefit is a universal, non-means tested payment paid in respect of every ‘qualified’ child in the State. A parent claiming the payment must be a ‘qualified’ parent. For present purposes, the relevant conditions for qualification, set out in s.246 of the Social Welfare Consolidation Act 2005, as amended, are that both child and parent must be habitually resident in the State. A...
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