30-year-old Elena Drutu could not sway the High Court to grant her back payments for her uncollected child benefit, which she alleges has caused her family financial strife. Born in Romania, Drutu relocated to Ireland during her youth and claims that the absence of child benefit forced her into part-time work to aid her family, which in turn impacted her education.
In a judgment released last Friday, Ms Justice Marguerite Bolger determined that child benefit in accordance with Irish law is restricted to the adult with whom a qualifying child chiefly resides, and that the child themselves are not direct recipients of the benefit. Drutu’s request for child benefit arrears in 2022 was therefore declined, as she was not considered a qualifying individual for making the claim, stated the judge. The Justice added that this is a standard set and sanctioned by Irish law, and does not infringe Drutu’s EU rights.
Multiple times throughout Drutu’s upbringing, her father’s applications for child benefit were denied. Initially, this refusal was attributed to a lack of work permits, but later he was instructed to have the mother file. In both 2007 and 2009, her mother’s benefit claim was declined on grounds that Ireland was not her habitual place of residence.
Even after Drutu’s mother relocated to Germany in 2012, the family remained in County Carlow. Since her mother’s departure, Drutu has reported no contact with her, whilst living with her father, as noted by the judge.
In 2021, when Drutu’s father submitted a claim for child benefit arrears and was turned down, Drutu attempted her own application. However, this was likewise denied because she did not meet the qualifications for submitting such an application.
According to Justice Bolger, Drutu’s legal team contended that an EU court ruling enables a migrant worker’s child to directly claim entitlement to family benefits, such as Irish child benefit. The Justice stated that the EU court recognises the conditions for awarding family benefits are determined by national law. Thus, Drutu’s entitlements are in line with any other child under Irish law, hence her request for arrears was dismissed, as she did not meet the criteria to claim.
Ms Justice Bolger clarified that the judgement did not involve any discrimination on the basis of the subject being a child of immigrant labourers. She asserted that the ruling wasn’t a violation of her parents’ fundamental right to free movement and that it didn’t contravene European Union legislation. The legal appeal against the Irish Minister for Social Protection and the Attorney General was rejected. Their legal representation was provided by Andrew Fitzpatrick SC and Francis Kieran.