The Court of Appeal has refused an appeal by a Romanian man whose application for disability allowance was rejected, finding no error in the High Court’s decision that he should have pursued the statutory social welfare appeals process before seeking judicial review.
The judgment, delivered by Ms Justice Costello on 6 February 2019, concerned the dismissal of the man’s judicial review application by the High Court in May 2018. The judicial review had challenged a 9 June 2017 decision refusing a review of an earlier rejection of his disability allowance application.
The man had lived in Ireland from 2008 and worked here between May 2008 and July 2011. After travelling to Romania for medical treatment in November 2011, he was diagnosed with multiple sclerosis. He returned to Ireland in February 2012, then went back to Romania in April 2012 because he could not access the treatment he needed in Ireland. The judgment states that his condition deteriorated and that he requires 24-hour care. His mother, appointed his legal guardian in 2015, cared for him in Romania.
The 2017 refusal cited his lack of continuous residence in Ireland since April 2012, no employment record here since 2011, and the view that his family, main centre of interests and bank account were in Romania. The claimant argued that his absences were for medical treatment and that disability allowance had been wrongly classified under EU rules as a non-exportable special non-contributory cash benefit rather than an exportable sickness benefit.
He sought judicial review after not appealing the decision to a Social Welfare Appeals Officer. On appeal, he argued that the statutory process could not address the European law issues or provide the relief he sought. The Court of Appeal rejected that argument. It said the statutory scheme allowed an Appeals Officer to refer a point of law to the High Court, and allowed an appeal to the High Court on a point of law. The court also noted that the High Court could decide the disability allowance application in the claimant’s favour on a statutory appeal, a remedy unavailable in judicial review.
The Court of Appeal did not decide whether the man qualified for disability allowance or whether the EU classification was correct. It found no error in the High Court’s exercise of discretion and refused the appeal.