Your client Dedra Meero is an university student whorecently had her application for small business flood relief funding refused.The relevant Department (whose decisions are judicially reviewable) provided the following reasons for its decision:

" I am the Ministers' delegate, and in using my power, I must apply, where it exists, departmental policy. The Minister has created a new policy that businesses who have outstanding tax debts must not be granted this monetary benefit.Given this firm, new policy, your application simply cannot succeed'

In your view is this decision likely to be found to be:

Is this

a.

ultra vires

or

b.

Lawful