The Supreme Court has dismissed an appeal concerning a disability allowance claim and clarified when social welfare claimants must use statutory review or appeal procedures before seeking judicial review.
Lacramioara Amariei had been refused disability allowance in 2022. An appeals officer upheld the refusal, finding both that she did not satisfy the medical criteria and that her means exceeded the qualifying level. A later review under section 317 of the Social Welfare Consolidation Act 2005 also failed.
Amariei then brought judicial review proceedings. The High Court found an error in relation to the means assessment but rejected her challenge on the medical issue. The Court of Appeal later dismissed the proceedings on the basis that she should first have sought a revision from the Chief Appeals Officer under section 318.
The Supreme Court upheld that outcome.
Donnelly J said the default position is that an applicant must exhaust an adequate statutory appeal or review before turning to judicial review. Exceptions remain where the alternative remedy is inadequate or where a particular requirement of justice demands immediate judicial review.
The court held that section 318 forms part of the 2005 Act’s broad and flexible system for correcting social welfare decisions. It allows the Chief Appeals Officer to revise an appeals officer’s decision where there has been a mistake of law or fact, and was capable of addressing all of Amariei’s complaints cheaply and efficiently.
The judgment also set out broader guidance for future judicial review cases. Applicants bear the burden of explaining, at the leave stage, why an available alternative remedy is inadequate or why their case falls within an exception to the general rule.
The court additionally declined to continue anonymising Amariei’s identity, finding that the statutory conditions for a non-identification order had not been established.
The appeal was dismissed. The Supreme Court did not revisit the underlying merits of whether Amariei qualified for disability allowance.