Case Studies

The following case studies provide examples of the legal advocacy and representation service operated by CLM Northside.

Housing Support - Case Study 2016

By nclcadmin Monday, 12th September 2016 | 0 comments
Filed under: Housing, Case Studies 2016.
Background 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.

Social Welfare Rights: Job Seekers Allowance - Case Study 2016

By nclcadmin Monday, 11th July 2016 | 0 comments
Filed under: Social Welfare, Case Studies 2016.
Background 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.

Social Welfare Rights: Child Benefit - Case Study 2016

By nclcadmin Monday, 9th May 2016 | 0 comments
Filed under: Social Welfare, Case Studies 2016.
Background 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.

Employment: Successful claim of discrimination on the grounds of disability by employer – failure to provide reasonable accommodation - Case Study 2016

By nclcadmin Friday, 1st April 2016 | 0 comments
Filed under: Employment, Case Studies 2016.
Background 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.

Employment: Transfer of Undertakings/Unfair Dismissal - Case Study 2016

By nclcadmin Monday, 1st February 2016 | 0 comments
Filed under: Employment, Case Studies 2016.
Background 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.

Housing Rights - Case Study 2015

By nclcadmin Monday, 2nd November 2015 | 0 comments
Filed under: Housing, Case Studies 2015.
Background Working in advocacy and policy can often be a long road. While some of CLM’s cases can have an immediate impact e.g. McCann v. Monaghan District & Ors [2009] IEHC 276, which led to a change in the law to strengthen the level of fair procedures and safeguards to debtors, other cases can take longer before the impact is felt.

Statute Barred Debt

By nclcadmin Friday, 25th July 2014 | 0 comments
Filed under: Debt.
Background: The client was referred to CLM Northside by MABS in relation to debt collection legal proceedings which had been issued against her.

McCann v The Judge of Monaghan District Court & Ors1

By nclcadmin Wednesday, 1st January 2014 | 0 comments
Filed under: Debt.
Background The Law Centre was instructed to act for the plaintiff in the landmark judgement in McCann v The Judge of Monaghan District Court & Ors1, The case resulted in the striking down of Section 6 of the Enforcement of Court Orders Acts 1926 & 1940 as repugnant to the Constitution. Judgement was delivered by Laffoy J, 18th June 2009.

Claim for Child Benefit

By nclcadmin Tuesday, 1st January 2013 | 0 comments
Filed under: Child Benefit.
Background: CLM Northside represented an Appellant, a non-EU national, before the Social Welfare Appeals Office in respect of an application she made for Child Benefit in June 2011 which was disallowed. The application was refused on the grounds that the Appellant was not lawfully resident in the State and therefore could not satisfy the Habitual Residence Condition. This decision was appealed on the grounds that the Appellant derived a right of residence from her son, an Irish and EU citizen, under Articles 20 and 21 TFEU as per the decision of the European Court of Justice in Ruiz Zambrano v Office national de l’empoi.