Social Welfare Appeal G0025

Year: 2004

Type of Social Welfare: Supplementary Welfare Allowance

Deciding Body: Appeals Officer

The Appellant, an unaccompanied minor, arrived in Ireland from a non-EEA State in 2003 and presented herself at the Office of the Refugee Applications Commissioner (ORAC). She was unable to prove her age but was assessed as being under 18 years of age. Her case was referred to the Health Board and she was placed in a hostel for those under 16 years of age. The Health Board referred the matter back to ORAC and the Appellant was re-assessed, via interview, to be over 18 years of age and from this point onwards treated as an adult. She was taken out of the care of the Health Board and removed from the hostel. As an “adult”, the Appellant was excluded from the provisions of the Child Care Act 2007 but still considered a minor for the purposes of Social Welfare entitlements. She was refused Direct Provision and she was excluded from receiving Supplementary Welfare Allowance (SWA) on
the basis that she was in full-time education. The Appellant appealed the refusal of SWA.
Alternatively she sought to be treated as a homeless child and have the necessary arrangements made in order to provide her with suitable accommodation. Her appeal was disallowed and she was excluded from getting SWA on the basis that she was in full-time education.