A woman forced into prostitution and sexual exploitation after being trafficked into Ireland aged 14 has brought a High Court challenge over a refusal to backdate child benefit payments for her daughter.
The child was born in Ireland and has refugee status.
The woman had missed about two and a half years of child benefit after her daughter was born in 2010 because she was living in the "shadow economy", subject of a deportation order, and distrusted the state and its authorities, Mr Justice Seamus Noonan was told. The woman felt unable to come forward due to her circumstances and past history, her counsel said.
With the help of Ruhama, the organisation that assists prostitutes and trafficked persons, the woman eventually did approach the authorities, her counsel said. That lead to her deportation order being revoked but there was a delay in the woman being given leave to remain under family reunification procedures, her daughter having earlier secured refugee status.
The woman was also granted access to welfare payments, including child benefit for her daughter which was paid from September 2012. She had missed out on just over two years of child benefit payments, the court heard.
Counsel said she was seeking leave for judicial review of a decision of April 2015 refusing to backdate the child benefit to the date of the child’s birth.
While a social welfare appeals officer was sympathetic to the woman and had described her circumstances as “harrowing”, the officer felt constrained by provisions of the social welfare code, counsel said.
That code provides, once a person gets a right to reside, they cannot get back payment of benefits prior to the date they are granted leave to remain, the court heard.
The woman’s case is that her daughter is a recognised refugee and would have been recognised as such from birth had the woman felt able to come foward, the judge heard. In those circumstances, she was entitled to the back-dated payments.
The woman also contends she is being discriminated against as a result of the provisions of the code because, unlike an Irish citizen, she cannot have her application for benefit decided on its facts and merits, counsel outlined. Those included being a victim of trafficking and her child’s vulnerability as a result.
In assessing entitlement to benefit, the primary consideration, as provided for in the applicable EU Directive, should be the best interests of the child, it is argued.
Mr Justice Noonan said he would grant leave for judicial review and returned the matter to October.
The case is against the Chief Appeals Officer, the Minister for Social Protection and the State. The judge directed the Irish Human Rights and Equality Commission should also be served with notice of the proceedings.
Arising from provisions of the Refugee Act, the names of the applicants, or any identifying details concering them, cannot be published.
