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Social Welfare Appeals

Dáil Éireann Debate, Tuesday - 28 May 2024

Tuesday, 28 May 2024

Questions (307)

Bernard Durkan

Question:

307. Deputy Bernard J. Durkan asked the Minister for Social Protection the progress to date in the determination of the review for DCA in the case of a person (details supplied); and if she will make a statement on the matter. [23592/24]

View answer

Written answers

Domiciliary Care Allowance is payable  in respect of a child aged under 16 who has a severe disability requiring continual or continuous care and attention substantially in excess of the care and attention normally required by a child of the same age and where the level of that disability is such that the child is likely to require this level of care and attention for at least 12 consecutive months.  This level of care and attention must be required to allow the child deal with the activities of daily living, in areas such as mobility, personal care, feeding/diet, communication, speech/language, sleeping, behaviour, safety, sensory issues, including any other additional needs.  

With reference to any specified disability/diagnosis, the impact of that diagnosis on the child's related overall care needs, compared to the age appropriate level, is the determining factor in the consideration of a child's eligibility for DCA.

I can confirm that an application for DCA in respect of their child was received by my Department from the person concerned on 25 January 2024.

A Deciding Officer disallowed their application as per decision dated 23 February 2024.  Based on the information provided, including the supporting documentary evidence, their child was not considered to satisfy the qualifying conditions for DCA.  The Deciding officer had regard to the professional opinion of a departmental Medical Assessor (MA) in the decision process.

A request for a review of the decision was received on behalf of the applicant.  Following a review of their application, including all information and evidence available at the time of the original decision and the further additional information provided in support of that review request, a Deciding Officer decided not to revise the original decision as per review decision dated 7 March 2024.

The person concerned subsequently provided further additional information, including documentary evidence for review.  As part of that review process, the further new documentary (medical) evidence and information provided was referred for the further opinion of a departmental MA.

Following receipt of the MA opinion, a further review of their entitlement to DCA in respect of their child was undertaken by a deciding officer.

The person concerned was notified on 22 May 2024 that the Deciding Officer had decided not to revise the original decision dated 7 March 2024.  The person concerned was informed of their right to have this decision reviewed again (where further medical evidence becomes available) and / or their right to appeal this decision to the Social Welfare Appeals Office.

I hope this clarifies the position for the Deputy.

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