Guidelines ‘revised’ for exceptional payments

THE Government has “revised” its internal guidelines for granting one-off payments to welfare recipients lodging claims for winter clothing following a series of High Court challenges.

But despite the changes, it continues to deny claims for Exceptional Needs Payments (ENP) on the basis that an applicants’ needs do not meet the criteria of being both “exceptional” and “unforeseen”.

Documents released under the Freedom of Information Act show the Department of Social Protection’s guidance for assessing claims was updated earlier this year “to remove references to unforeseen circumstances”.

If followed a series of rejections from applicants who were told their need did not meet the criteria of being both exceptional and unforeseen. Lawyers acting for the applicants claimed the test of unforeseeability was unlawful.

An ENP, usually of about €100, is designed to help cover one-off exceptional expenditure for people on social welfare, including the cost of winter clothing.

In six recent cases, the department has reversed its initial decision to deny ENPs.

However, solicitor Eileen McCabe said the department has “learned nothing” and “is still rejecting applications on the basis of unforeseen”.

The department said officials have discretion when assessing applications and the legislation does not confer a statutory right to a payment.