The Workplace Relations Commission found that Meath County Council did not engage in prohibited conduct after refusing Michael O'Connell's Housing Assistance Payment application for a property bought by his parents. The decision was dated 12 June 2023.
O'Connell said he was eligible for HAP, had submitted evidence of a tenancy and could not afford to pay a year of rent before applying. The council said it needed evidence of a bona fide rental tenancy and questioned whether the property was intended to be rented.
The officer accepted that O'Connell had a disability and that the application was refused because there was not enough evidence of a bona fide tenancy. However, the officer found no evidence that the council applied its guidelines only to him, and no comparator was presented. A comparator is someone in a similar situation whose treatment can be used to assess whether discrimination occurred. The officer concluded that O'Connell had not established a prima facie case, meaning an initial case requiring an answer from the council. The complaint was found not well founded.