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Social Welfare Law

European Convention on Human Rights

Publication Year

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Full-Text Articles in Disability Law

Disability Pensions, Property Rights And Legitimate Expectations: Béláné Nagy V. Hungary, Mel Cousins Dec 2014

Disability Pensions, Property Rights And Legitimate Expectations: Béláné Nagy V. Hungary, Mel Cousins

Mel Cousins

This case note examines the recent judgment of the European Court of Human Rights in Béláné Nagy v. Hungary as an interesting example of the approach which the Court is taking to the termination (or reduction) of rights to social security benefits under Article 1 Protocol 1 (P1-1) of the European Convention on Human Rights (ECHR). In this case, although the applicant had lost her rights to a disability pension in 2010, the Court held that she had a continuing legitimate expectation to disability care. It further held that the fact that she did not qualify for a pension in …

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Mobility Allowance And The Law, Mel Cousins Feb 2013

Mobility Allowance And The Law, Mel Cousins

Mel Cousins

The Irish government has recently announced the abolition of the mobility allowance and motorised transport grant. It appears that this decision was heavily influenced by the Government’s view that ‘the schemes are illegal in the context of the Equal Status Acts’. Although the reform options considered and legal advice received have not been specified, the impression has been created that reform would be very complex and that it would be impossible to reform the existing scheme to make it legally compliant without a major increase in its budget. This note discuses the legal issues concerning the operation of the mobility …

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