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High Court quashes decision by Minister for Social Protection refusing to allow domiciliary care allowance to a primary carer of a child with a developmental disability, on the grounds that the decision-making process did not engage with the medical evidence in a meaningful way, and the decision maker failed to properly consider all of the evidence furnished by the applicant, thereby breaching fair procedures and natural justice.
Social welfare law – judicial review – domiciliary care allowance – chapter 8A of the Social Welfare Consolidation Act 2005 – “qualified child” within the meaning of the legislative provisions – Minister refused request for the carrying out of a physical examination on the boy – whether there is an obligation to a carry out a medical examination of the son of the applicant when there is a conflict of medical evidence – fair procedures – delay – failure to exhaust remedies – application for certiorari is premature – requirement to carry out of a physical assessment – no error of interpretation was made by the deciding body – failure to give reasons – failure to consider the evidence – no analysis of the evidence and no consideration of the individual factors – respondent erred in law and breached fair procedures, natural and constitutional justice, by failing to properly consider all of the evidence furnished by the applicant – relief sought granted.
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