A woman who has held on to her part-time job despite being homeless has claimed she was refused jobseeker’s allowance for several months from April 2016 because she could not provide an address in the relevant social welfare catchment area.

The Department of Social Protection denies her claims. It contends the action, before Mr Justice Charles Meenan, is moot (pointless) because she is now in receipt of the allowance, paid some months after her case was initiated in September 2016. She was granted the allowance in January 2017, with payments back-dated to April 2016.

Her counsel, Feichán McDonagh SC, disputed the mootness claim and asked the court to find the department acted unreasonably, unfairly and in breach of her rights, including to equal treatment.

A native of Latvia, the woman came here eight years ago during which time she has worked for periods and been on social welfare payments for periods.

Because she is of low means, she was entitled to access social welfare payments while working her part-time job. She earns between €60-180 weekly as a sales assistant.

In November 2015, she moved from Drumcondra, where she was getting jobseeker’s allowance to shared accommodation in Clodalkin and applied to have her jobseeker’s allowance processed by the department’s Intreo office in Clondalkin.

Leave her accommodation

She alleged considerable delays in processing her application and she had to leave her Clondalkin accommodation in February 2016 because she could not afford the rent. A friend put her up for a period but she later ended up staying in hostels and emergency accommodation and, occasionally, with friends.

She claimed the Clondalkin Intreo office told her in May 2016 it could not deal with her case because she was homeless and she should contact the department’s homeless unit. She did so and was told it did not process jobseeker’s allowance applications and she would have to apply to her local area Intreo office for that.

In July 2016, when she looked for housing assistance from Dublin City Council, she was referred to South Dublin County Council but it referred her back to to the city council who placed her in emergency accommodation. She only remained there a few nights due to “open drug use” and “frequent incidents of violence” and now moves between friends and occasionally stays in hostels, it was claimed.

The Intreo offices were alleged to be operating an “inflexible” policy and making an unjustified distinction between the woman and other applicants for jobseeker’s allowance.

The department denied the claims, denied it had “refused” the jobseeker’s allowance and argued the woman’s application was “closed” because she had failed to provide necessary documents . It denied she was refused jobseeker’s allowance due to not having a permanent address and also said supplementary welfare payments were made.

The case continues next week.