The Advocate General of the EU Court of Justice has found that Ireland was wrong to refuse a Romanian woman's claim for disability allowance.
The woman, referred to as GV, moved to Ireland in 2017 to join her daughter who is a naturalised Irish citizen.
During the past 15 years, GV has been financially dependent on her daughter.
In 2017, after suffering degenerative changes in her arthritis, GV made an application for disability allowance but this was refused on the ground that under the relevant Irish law the woman must not become an unreasonable burden on the national social assistance system.
The Irish Court of Appeal asked the EU Court of Justice whether the EU Citizenship Directive precludes Irish legislation that allows such refusal.
The Advocate General found that an EU mobile worker's mother can claim a social benefit without this calling into question her right of residence and that the principle of equal treatment does not allow such a relative to be considered an unreasonable burden on the social assistance system of the State of residence.
The Advocate General’s opinion is not binding on the Court of Justice. It is the role of the Advocates General to propose to the court, in complete independence, a legal solution to the cases for which they are responsible.
The judges of the court are now beginning their deliberations in this case and judgment will be given at a later date.
