In 2016, CLM Limerick provided representation to a client who had applied for Guardian’s Payment in respect of her grandson, for whom she provided full time care following the death of his mother, and had been refused. The client made an application for the Guardian’s Payment following the death of her grandson’s mother , after which it had been agreed by the relevant parties that the child would live with
his paternal grandmother. The child’s parents were not married, and the father had not been appointed the child’s legal guardian.
The client was living in private rented accommodation and had been in receipt of Rent Supplement for over two years. In April 2015, he was assessed by the local authority and he was deemed eligible for the new form of social housing support, the housing assistance payment (HAP). However, his landlord advised him that he would not participate in the HAP scheme and the client was unable to find alternative accommodation.
The client was born in Ireland and prior to moving to the UK, she had lived and worked in the state. She returned from the UK to live with her siblings in Ireland after separating from her husband following an abusive relationship. She registered with FÁS and applied to the Department of Social Protection (DSP) for Jobseekers Allowance. DSP refused her application on the basis that there was no evidence to substantiate the claim that she was habitually resident in the State.