Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel.
Click here to request a subscription.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
or click here to request site subscription to search and view all judgments |
High Court refuses judicial review of decision by Minister for Social Protection to refuse a "Domiciliary Care Allowance" to a family with an eight-year-old child with autism, on the grounds that: a) adequate reasons had been given for the refusal; b) there had been no requirement for the respondent to have the child medically examined prior to the decision; and c) a statutory appeal had been available that should have been invoked instead of judicial review.
Judicial review - refusal of "Domiciliary Care Allowance" (DCA) - opinion of medical assessor - whether respondent obliged to carry out medical examination - failure to give reasons - whether decision unreasonable - eight-year-old child with autism - refusal of DCA on grounds that child did not require substantially more care and attention than child without autism - contradictory evidence from GP - Social Welfare Consolidation Act, 2005 - statutory payment - art. 191(2) of the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 - open to applicant to appeal decision - whether prejudiced in appeal by lack of reasons - clarity of reasons - circumstances in which respondent would be obliged to have child medically examined - s. 186(G)(1) of the 2005 Act - art. 140 of the 2009 Regulations - alternative remedy - whether applicant should have sought appeal of original decision.
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.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel.
Click here to request a subscription.