A High Court judge has overturned the Department of Social Protection’s refusal to grant domiciliary care allowance to an autistic boy’s mother. Mr Justice Max Barrett overturned the decision on the basis of the Department’s “disdainful mindset” to the applicant’s evidence. The evidence in question was supplied by a HSE team comprised of a senior clinical psychologist, occupational therapist, public health nurse and physiotherapist all of whom had direct contact with the boy. The Department’s refusal was informed by the department’s own research.
Upholding the mother’s challenge, the High Court directed the Department to reconsider the application. This decision could open the door to a wave of reapplications for carer’s allowance that were initially refused on the basis of the views of the Department’s internal medical assessors.
Catherine Cox of the Carers Association said the organisation would be contacting unsuccessful applicants for carers allowance encouraging them to reapply. According to records obtained by the applicant’s solicitor through freedom of information requests, the Department relied on its own internal medical assessment over external expert testimony in 3,806 applications, representing 100 percent of all cases. Of these 3,806 applications 1,528 were unsuccessful.
The applicant was represented by Gareth Noble of KOD Lyons, a law firm that is a member of the PILA Pro Bono Register.
Click here to read a summary of the High Court’s decision on the Irish Times website.