The High Court has granted leave for judicial review to challenge a decision by the chief appeals officer regarding the refusal of domiciliary care allowance for a child with autism spectrum disorder. The court found that the applicant had no alternative remedy through statutory appeal, as the chief appeals officer's decision to affirm the appeals officer's refusal did not constitute a "revised decision" under section 327 of the Social Welfare Consolidation Act 2005. The case raises significant questions about the interpretation of the Act, particularly whether an appeals officer is entitled to rely on a medical assessor's opinion and the procedural safeguards that may be required if they do so.
Judicial Review, Domiciliary Care Allowance, Social Welfare Consolidation Act 2005, Chief Appeals Officer, Autism Spectrum Disorder (ASD), Medical Assessor's Opinion, Section 327, Statutory Appeal, High Court, Procedural Safeguards, Legal Interpretation, Revision of Decision, Eligibility Criteria, Privacy, Ex Parte Application, Legal Costs, Case Management Directions.