A significant appeal over the refusal of the maximum carers allowance to a mother caring full-time at home for her profoundly disabled son is set to proceed before the Supreme Court next month.

The appeal raises issues described by the court as of “systemic importance”.

The issues include the State’s obligations, if any, to home-based carers under article 41.2, which endeavour to protect mothers from being obliged by economic necessity to engage in labour to the neglect of their duties within the home.

The mother at the centre of the Supreme Court appeal cares full-time at home for her son.

In High Court proceedings the woman argued she is entitled to the maximum carer’s allowance despite having a spouse who earns an income.

She claimed the failure to do so breached her constitutional rights, including to equal treatment and under article 41.2 to have her work in the home recognised and supported.