Judicial Review Proceedings relating to the Caravan Loan Scheme.
Employment Law - Employment rights of part-time workers
Social Welfare – Appeal Regarding Decision to Award an Amount under the State Pension (Contributory) Scheme in accordance with rules set under the Homemakers Scheme.
Discrimination under the Housing Assistance Grounds
Employment Equality Law – Discrimination and Constructive Dismissal
Social Welfare - Successful appeal of decision made to terminate entitlement to Carer's Allowance
Housing: Successful review of decision recognise an individual who was “couching surfing” as homeless.
In 2016, CLM represented a client who had made an application for social housing support in or around 1998. In 2002, with the assistance of Rent Supplement, the client and her two children moved into private rented accommodation and remained there until 2016, when the property was transferred to a Receiver and the client was served with a Notice of Termination. At this stage, the rental property market had changed dramatically and the client was finding it very difficult to source accommodation within the rent supplement limits. At risk of homelessness, the client approached her local authority for support and discovered that despite applying for social housing in 1998, she was only on the housing list since 2006.
The client attended the Community Law & Mediation advice clinic in relation to his entitlement to Jobseeker’s Allowance (JA). The client resides with his ex-wife in a property jointly owned by them. The client and his ex-wife separated in or around 2000 but did not obtain a legal separation. They continued to reside separately under the same roof. The client was awarded Jobseeker’s Allowance at the rate of €188 per week. A review of the payment was subsequently carried out by the Department. On request, the client submitted one of his ex-wife’s payslips and the Department wrote to the client stating that his ex-wife’s income had been taken into consideration in calculating his means and that, as a result, his JA payment was reduced to €7.70 per week. A Social Welfare Inspector attended his home and the client stated that he sleeps on the couch. He was not asked to provide the reasons for living with his ex-wife but he was questioned in relation to finances. The client’s ex-wife was not interviewed. The client appealed the decision of the Department and submitted correspondence from the Legal Aid Board in relation to instituting legal separation proceedings.
The client attended Community Law & Mediation’s advice clinic in relation to her entitlement to Child Benefit in respect of her 17 year old daughter. She had been in receipt of Child Benefit since 1999 but her payment was stopped on the basis of information received by the Department of Social Protection (Department) indicating that her daughter was no longer residing with her. The client was not informed
of the source or content of this information and appealed the decision on the basis that her daughter does in fact reside with her and that she is responsible for the maintenance of her child.
The client attended the Community Law and Mediation Northside free legal advice clinic in relation to his compulsory retirement from his employment on health grounds. He was no longer able to perform his driving duties as a driver for a large transport company; because of an injury he suffered which resulted in health problems. We took a claim on his behalf to the Workplace Relation Commission, on the grounds that he was discriminated against by his employer because they did not help him to return to work in alternative employment. The client told his employer that he was willing to do another job within the company but he was told there was nothing available. We argued on his behalf that the company could not show that they did everything they reasonably could to try and accommodate him.
The client attended Community Law and Mediation’s advice clinic in relation to her dismissal from her employment. She had been working as a cleaner in the same premises for almost 10 years under different management from various companies. Whenever the company managing the cleaning of the premises changed, the client’s employment would be transferred to the new company. After one such
transfer in 2010, the client was not kept on as an employee. This was surprising to the client as she was told by her previous employer that her employment rights and position would be transferred to the new contracting company. However, the new company informed her that they would not be taking on employees of the previous company and had no obligation to do so.
This client initially presented at CLM’s free legal advice clinic.
This clientinitially presented at CLM’s free legal advice clinic. The client was employed at a hotel and was experiencing difficulties at his place of work. It was suggested that he consider retirement.
The case concerns our client’s claim for Guardian’s Payment (Non-Contributory), formerly Orphan’s (NonContributory) Allowance, in respect of her grandchild. The client applied for Guardian Payment twice and these applications were refused.