A recent Irish referral to the European Court of Justice (ECJ) has provided further clarity regarding the rights of EU citizens and their family members to free movement (C-488/21 Voican v Chief Appeals Officer).
The case involved Mr. Voican, a dependent parent of an EU citizen working in Ireland. Mr. Voican applied for Disability Allowance (DA) but was denied by the Department of Social Protection (DSP). The DSP argued that although Mr. Voican was entitled to reside in Ireland due to his dependency on his working children, this dependency would cease once he received the DA.
The ECJ rejected this argument, concluding that a family member of an EU citizen, who has the right to reside as a dependent of that EU citizen, is also entitled to receive non-contributory social benefits such as Disability Allowance. The court’s decision reinforces the principle that the right to reside should not be contingent upon the denial of social benefits, thus providing stronger protections for the welfare of dependent family members of EU citizens.
If you would like more information on the above or would like our assistance with your own citizenship, please do not hesitate to contact our highly experienced team at 01 873 5012 or info@mcgrathmullan.ie and we would be glad to assist you.