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High Court sets aside the decision of the Criminal Assets Bureau (CAB) to refuse a claim for disability allowance, finding that the referral of the claim to CAB was ultra vires as it did not meet the statutory criteria. The court determined that the historical Ministerial certificate from 1998, concerning a different social welfare benefit, could not justify the referral of a new claim decades later. The case was resolved on the basis that the Applicant properly availed of the revision procedure under statute before seeking judicial review, and the proceedings were commenced within the appropriate time frame.
Disability Allowance, Criminal Assets Bureau, Judicial Review, Social Welfare Consolidation Act 2005, Ministerial Certificate, Ultra Vires, Revision Procedure, Section 301, Appeal Rights, Chief Appeals Officer, Circuit Court, Order 84 of the Rules of the Superior Courts, Statutory Criteria, Administrative Decision-Making Process, Judicial Self-Restraint, Constitution of Ireland, Equality Guarantee, Article 40.1.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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