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Social Welfare Law

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Mel Cousins

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Decisions And Appeals In Irish Social Welfare Law: Recent Case Law, Mel Cousins Jan 2014

Decisions And Appeals In Irish Social Welfare Law: Recent Case Law, Mel Cousins

Mel Cousins

This note examines a series of recent decisions of the Irish courts in relation to decisions and appeals in the Irish social welfare system: C.P. v Chief Appeals Officer; A. M. v. Minister for Social Protection; B. v Minister for Social Protection; and C. O'B. v. Chief Appeals Officer. All the cases concerned claims for domiciliary care allowance (a payment in respect of children who require additional care) and involved a number of issues including the level of detail to be included in initial negative decisions, whether the Minister is obliged to require a medical examination of a child; whether …

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Rational Basis With Bite In Minnesota: Unemployment Benefits And Personal-Care Assistants, Mel Cousins Dec 2012

Rational Basis With Bite In Minnesota: Unemployment Benefits And Personal-Care Assistants, Mel Cousins

Mel Cousins

The Minnesota court of appeals has recently come to an interesting decision on equal protection and insurability of workers, ruling – in Weir v ACCRA Care - that the exclusion of certain personal care assistants (PCA) from the unemployment insurance scheme was in breach of the Minnesota equal protection guarantee. This note examines this recent decision, contrasting it with the approach under the federal equal protection clause. The case is one of a number in different jurisdictions in which less favorable treatment of ‘family member’ carers has been struck down under equal protection and human rights law.

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