Pensioner begins legal action over a Winter coat

gerrybbadd

A pensioner has taken legal action against the Dept of Social Protection, when they refused an application for an Exceptional Needs Payment, he wanted a winter coat.

So, he hadn't the money for a coat, but does for legal representation? The article states he applied for the payment in the past and was awarded it, for a winter coat too.

Now, I know pensioners are amongst the most fragile in society, and there are those that could genuinely need this kind of payment. More power to them.

But this seems an exercise in futility - there has to be underlying reasons for the refusal by the department.

http://www.breakingnews.ie/ireland/pensioner-begins-court-action-over-refusal-of-special-payment-for-winter-coat-815027.html

Chancer3001

The squeaky wheel gets the oil

Allinall

What did he do with the last winter coat he got?

I've had the same coat for the last ten years.

SEPT 23 1989

Could they not spend a tenner out of their weekly 200 and go to a charity shop and buy one?

splinter65

The “unforeseen” element has been used over the last 4 or 5 years to refuse expectant women what used to be known as “ the hospital bag”.
For years it didn’t matter how recently you’d had your last baby or how many babies you had, the CWO would give you the money for all that was needed for the delivery for both you and the baby.
Nighties, slippers, dressing gown nappies baby grows etc etc
You could also get the money for a new pram cot changing bag etc.
They started to tighten up and said you would no longer be given the money, that you had to get the invoice from the pram shop and the CWO would pay the shop direct.
Now you can’t get any of these things as you knew you were pregnant for months and as such your baby’s birth was not “unforeseen”
I suspect this gentleman was refused because either:
A. He got a coat last September which he might reasonably be expected to last him more than one Irish winter
Or
B. The CWO is saying that the need for the cost was not “unforeseen” as he knew winter was coming since, well, last winter and he should have saved up for it.

Delighted to see someone sue the Department of Social Protection, they can be utterly frustrating to deal with and once someone there misses the point and gets a decision wrong, it can be like trying to turn the Titanic. On the other hand, unless they have a point of law, an appeal may not succeed as generally the Courts will only review if there is an error in law and will not rehear the facts, they don’t like becoming the social welfare inspector.

splinter65

[Deleted User] wrote: »

Delighted to see someone sue the Department of Social Protection, they can be utterly frustrating to deal with and once someone there misses the point and gets a decision wrong, it can be like trying to turn the Titanic. On the other hand, unless they have a point of law, an appeal may not succeed as generally the Courts will only review if there is an error in law and will not rehear the facts, they don’t like becoming the social welfare inspector.

I don’t know what your delighted about Conor . This nonsense win lose or draw will be paid for out of public funds that could be should be spent elsewhere.
Why on earth do you think this old man is entitled to a free new coat every September ?
Where is the coat he got last September?
Is every pensioner not then entitled to a new coat every September?
Why stop at pensioners?
Isn’t everyone on SW entitled to a new coat in September?
Why didn’t he save up a fiver a week since last September for a new coat?

screamer

Winter's coming...... Mustn't be a got fan

alchemist33

Tbf the article doesn't say he got a coat last year. It doesn't even say he ever got a coat by this process.

"Mr Finn, Counsel said had applied for and received an exceptional payment in the past."

splinter65

splinter65 wrote: »

I don’t know what your delighted about Conor . This nonsense win lose or draw will be paid for out of public funds that could be should be spent elsewhere.

If it’s a loss, the person taking the challenge will pay, or his legal team will have to write it off. If he succeeds, then he was right to bring it, and the “but we have a big legal bill” is no excuse, although the official or inspector in the Department who made that decision and cost the taxpayer so much should be hauled over the coals.

It’s healthy in a democracy to see decisions at any level open to challenge in the Courts. It’s part of the whole system of checks and balances.

mfceiling

Wonder what he spends his pension on that he couldn't have saved up during the year for one.

I'm saying scratchcards....pensioners are whores for the scratchcards.

Doctor Jimbob

splinter65 wrote: »

I don’t know what your delighted about Conor . This nonsense win lose or draw will be paid for out of public funds that could be should be spent elsewhere.
Why on earth do you think this old man is entitled to a free new coat every September ?
Where is the coat he got last September?
Is every pensioner not then entitled to a new coat every September?
Why stop at pensioners?
Isn’t everyone on SW entitled to a new coat in September?
Why didn’t he save up a fiver a week since last September for a new coat?

Like a bigger PR team for Leo?

There are much bigger wastes of public money to be worrying about than this. The lad might even be in the right FFS.

splinter65

alchemist33 wrote: »

Tbf the article doesn't say he got a coat last year. It doesn't even say he ever got a coat by this process.

"Mr Finn, Counsel said had applied for and received an exceptional payment in the past."

Here’s a short history of the CWO, SWA and ENPs
The CWO was the Relieving Officer who worked for the Health Board (HSE).
The RO sat behind a desk with Cheque book and pen and the people queued up (some in genuine need, some not so much so...) for
A new bed
A new washing machine
A fridge
A big leccy bill after the Crimbo
A full of oil
Communion/Confirmation outfits
A bag for the hospital
A suit to go to your sisters funeral in Birmingham (and the ferry. And flowers.)
Etc
You made your case and then it was either aye or nae.
The health board became the HSE.
The HSE hand the Relieving Officer over to Intreo becoming the CWO.
The CWO carried on the old regime for a while but then clamped down suddenly and severely
You now get an ENP if
Your house burns down your on SW and you’ve no house insurance
Your wife dies and you’ve no children to help pay and nothing but pension and you’ve a funeral bill.
Err... I can’t think of anything else.

suicide_circus

Being old and being a pain in the hole are not mutually exclusive.

julyjane

"The case will come before the court in December" - what's the poor man to do for a coat until then? Hope he doesn't freeze to death.

This case sounds like a p**stake of the ENP scheme. How much can a coat be got for in Tesco/Penneys?

silverharp

thought this was the pam anderson fur farm story

Super-Rush

I bet he got free legal aid.

Super-Rush

Super-Rush wrote: »

I bet he got free legal aid.

How?

It's not a criminal case and afaik the legal aid boards don't take on challenges to decisions made by the Department of Social Protection.

So what are you basing your bet on?

Super-Rush

Deleted User wrote: »

How?

It's not a criminal case and afaik the legal aid boards don't take on challenges to decisions made by the Department of Social Protection.

So what are you basing your bet on?

Paddy Power gave me 4/5 on.

PeterParker957

Deleted User wrote: »

Super-Rush wrote: »

I bet he got free legal aid.

How?

It's not a criminal case and afaik the legal aid boards don't take on challenges to decisions made by the Department of Social Protection.

So what are you basing your bet on?

If he loses 2/1 he's in the paper pleading poverty; there's a Twitter campaign and he ends up with a s*** load of money.

suicide_circus

Forever coat?