Ukrainian couple challenges Irish law denying benefits over hotel stay

A Ukrainian woman and her husband are challenging a law that strips them of vital social welfare benefits, arguing it unfairly targets them for remaining in designated hotel accommodation. The couple, who fled the war in Ukraine in 2022, face a potential housing crisis as they are disqualified from disability and carer's allowances under a 2024 law.

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irrational

Senior counsel Feichín McDonagh told the Supreme Court that the law is "irrational," "unfair," and "capricious," potentially breaching the Constitution. The woman, a wheelchair user, received €208 weekly for disability, while her husband received €224 for caregiving. Their hotel became a designated accommodation center in September 2024, triggering the disqualification. If they leave the hotel, they would regain eligibility for the benefits.

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unfair

The High Court had previously rejected their challenge, with Justice Alexander Owens stating the law was merely disadvantageous, not discriminatory. He suggested that allowing temporary protection applicants full accommodation and board alongside social welfare would give them an advantage over Irish citizens. However, the couple secured a direct appeal to the Supreme Court, highlighting a "serious issue" with implications for many others.

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capricious

The core of the appeal questions the constitutional validity of the distinction drawn between temporary protection recipients and international protection candidates, which underpinned the legislative changes. McDonagh argued that the amendments would force the couple out of their accommodation, creating immense difficulty for the woman to find suitable housing in a crisis. It would also compel her husband to work, preventing him from providing the 24-hour care she requires.

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pushed out