High Court grants an applicant an order of certiorari in respect of a refusal to grant a carers' allowance, on the grounds that: (a) the appeals officer applied the wrong test in respect of the medical evidence that was available; and (b) the applicant should not be prejudiced for not pursuing an alternative remedy where the entitlement to do so was not brought to his attention.
igh Court - Social Welfare (Consolidation) Act, 2005 - Social Welfare (Appeals) Regulations 1998 - appeals officer refuses applicant's carers' allowance application - 31st March, 2022 - 27th April, 2018 - application for carers' allowance made - 3rd May, 2018 - application received - Act of 2005 - section 179 - definition of "carer" - 23rd January, 2019 - application refused - 14th March, 2019 - second deciding officer refused - decision said 21 days to appeal - section 317 - Regulation 19 - avenue of reviewing decision of appeals officer - 24th September, 2019 - oral hearing - 27th September, 2019 - appeal disallowed - 25th October, 2019 - appeal passed to appeals officer - 5th December, 2019 - acknowledged this was passed on - 6th March, 2020 - applicant told application denied - 4th February, 2022 - decision which is now under review was made - 31st March, 2022 - leave granted to apply for judicial review - decision based on all of the available evidence, not just current medical circumstances - wrong test applied - section 318 - argued should have tried alternative remedy - not drawn to applicant's attention - allowed to review - certiorari allowed - Legal Services Regulation Act, 2015 - section 169(1) - costs to applicant.