Department had not applied fixed policy position in domiciliary care allowance refusal

Social welfare law – appeal brought by the Minister for Social Protection against quashing of refusal to grant domiciliary care allowance – appellant’s son had a disability (high functioning autism) and required extra care and attention – whether this additional care and attention was “substantially” in excess of that required by a child of his age – whether the Department of Social Protection in effect operates a policy whereby the opinions of its medical assessors are dutifully followed by departmental deciding officers, irrespective of the medical evidence actually submitted by claimants – Section 186C of the Social Welfare (Consolidation) Act 2005 – fixed policy positions – whether there is in fact a fixed policy position adopted by the Department – while the deciding officer is required by statute to have regard to that opinion, he or she is nonetheless required to make his or her own independent decision – High Court judge was in error in concluding that the Department had effectively applied a fixed policy position whereby the medical assessor’s opinion was unthinkingly and unquestioningly endorsed by the deciding officer – High Court decision reversed – appeal allowed.