- Jun 9, 2011
Yes all schemes have maximum thresholds, but they could be amended with a provision that the maximum cannot be less than that the social welfare income to which a person/family is entitled, when their income is made up solely of social welfare income, or something similar.If they do win this it will open the floodgate for challenging all othe schemes
All schemes have maximum thresholds
Do you just keep shifting the goalposts all the time?
Say the scheme is adjusted upwards to take into account the 8th kid, yet they decide to have 10. Do the courts keep interefering with the schemes and adjust upwards?
One thing they may fall down on is that the courts generally do not interefere on how government spends money thanks to the seperation of powers
It's an interesting case, the rules effectively disregard the cost of rearing the 8th child - if the Courts find that this is unconstitutional, then it would presumably also be unconstitutional be to limit child benefit to 3, 4 or however many children and stop there, were the government minded to try this. As you say, the Courts tend not to encroach on the sphere of the Oireachtas if they can help it, so it may be the outcome that this is a matter for the Oireachtas.