Sub-series 34 - Theresa Emmott v Minister for Social Welfare and Attorney General

2 files

This case relates to Mrs Theresa Emmott endeavouring to retrospectively recover benefits which had not been paid to her since a European Community Directive came into effect on 23 December 1984, the Irish government's attempts to plead that the her delay in initiating proceedings constituted a bar to her claim and the European Court of Justice judgement that domestic limitation periods could not begin until a Directive had been properly transposed.

Mrs Emmott is married and has two dependent children. As from 2 December 1983 she received a disability benefit under the Irish social security legislation. Until 18 May 1986 she received that benefit only at the reduced rate applicable, at that time, to all married women. Following amendments to the Irish legislation, her benefit was adjusted three times. From 19 May 1986 she received a benefit at the rate applicable to a man or woman but without any increases for dependent children. It was only from 17 November 1986 that those increases were granted to her. Finally, in June 1988 she was granted, with retroactive effect to 28 January 1988, an invalidity pension calculated at the personal rate normally applicable to a man or woman, together with an increase for dependent children.

Mary Robinson worked as Senior Counsel on this case until her inauguration as President of Ireland when Mary Finlay replaced her as counsel, and material is arranged across two files.

Open

Red Storeroom

Catalog

02/02/2023
05/11/2024