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Supreme Court dismissed appeal from High Court, and affirms refusal to grant judicial review of a dismissal of an appeal for domiciliary care allowance, where the child in question was diagnosed with a disability after the dismissal of the appeal, on the grounds that the relevant legislation made it clear that: (a) an appeal should only succeed if the original decision was 'erroneous'; and (b) the original decision could not have been shown to be erroneous where the diagnosis was received after the appeal.
Woulfe J (nem diss): Judicial review - social welfare - refusal to revise earlier decision of deciding officer - refusal of application for domiciliary care allowance (DCA) - payment to carer of child with “a severe disability requiring continual or continuous care and attention substantially in excess of the care and attention normally required by a child of the same age” - decision made in 2018 - review in December 2018 - 2019 - appeal disallowed by appeals officer - Social Welfare Consolidation Act 2005 - s 318 - 2020 assessment of disability - 2021, further application for review of 2019 decision - refusal of judicial review in High Court - meaning of 'new evidence or new facts' - questions to be determined on review by appeals officer - whether appeals officer limited to revising decisions where earlier decision was 'erroneous'.
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