A HIV positive mother of three children, one of whom is also HIV positive, has brought a High Court challenge claiming she is destitute as a result of the HSE’s decision to stop certain social welfare payments to her.
As a result of the decision last July to withdraw the payments, the family were evicted from their rented accommodation and are living in shared emergency accommodation, the court heard.
The woman has appealed the termination of the payments but claims the HSE has yet to determine her appeals, some eight months after those were lodged.
The woman claims she is destitute and fears, while one of her allowances was reinstated last March, she will lose it again. She claims she has had to rely on charity and has had to borrow money from friends. Earlier this month, her solicitor was told by the HSE a decision on her appeal would be made soon.
Both the woman and her eldest child are HIV positive and on medication while the other children are being monitored for the virus.
The woman claims the payments were wrongfully withdrawn because the HSE held, despite evidence to the contrary, her husband was residing in the family home and was in a position to financially support them.
Yesterday, lawyers for the woman and children secured leave to bring judicial review proceedings against the HSE aimed at quashing the decision of July, 2009 withdrawing Rent Supplement Allowance and Supplementary Welfare Allowance payments. The latter allowance was reinstated last March.
The application for leave was made on an ex parte (one side only) basis and granted by Mr Justice Michael Peart.
The woman is seeking an injunction directing the HSE to reinstate the payments and alleges their withdrawal was irrational, disproportionate and in breach of her right to fair procedures.
She is also looking for a declaration she is entitled to a decision from the HSE on her appeal within a reasonable time.
Moving the application, Mel Christle SC, with Derek Shortall, said the HSE’s decision to cease payments has resulted in major disruption to the family’s life.
The woman came to Ireland in 2003 and was allowed remain here in 2005. Her eldest child was born with HIV. She was in receipt of the allowances up to about July 2009 when they were stopped on the basis her husband was residing in the house.
She claims her husband came in 2009 on a visitors visa to offer relief but did not reside with her and stayed with a friend.