Dáil Éireann Debate, Thursday - 24 October 2024
253. Deputy Bernard J. Durkan asked the Minister for Social Protection the progress to date in the determination of a review for domiciliary care allowance in the case of a person (details supplied); and if she will make a statement on the matter. [43851/24]
Amharc ar fhreagraDomiciliary Care Allowance (DCA) is payable in respect of a child aged under 16 who has a severe disability requiring continual or continuous care and attention substantially over and above the level of care and attention normally required by a child of a similar 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, and any other additional needs.
Eligibility for DCA is not based entirely on the child's disability but primarily on the impact of the disability / diagnosis, in terms of the associated level of care and attention required by the child, compared to the age appropriate level. For the purpose of DCA, it must be established in the decision and assessment process that the level of ongoing care and attention required by the child meets the threshold outlined in legislation, that is continual or continuous care and attention substantially in excess of that normally required by a child of a similar age, who does not have such a disability / diagnosis and likely to be required for at least 12 consecutive months.
I can confirm that a new application for DCA in respect of their child was received by my Department from the person concerned on 16 July 2024. A Deciding Officer disallowed their claim as per decision dated 16 August 2024. Based on the information provided, the child was not considered to satisfy the conditions for DCA. This determination considered the supporting documentary (medical) evidence that was submitted by the person concerned in their application. The Deciding Officer also had regard to the professional opinion of a departmental Medical Assessor (MA) in making their decision, and a copy of that MA opinion was issued to the applicant for their information.
On foot of your previous request for a review of eligibility for DCA in this case, a review of the claimant's application and my Department's decision of 16 August 2024 has been undertaken by a Deciding Officer who has decided not to revise the original decision, as per review decision letter dated 22 October 2024 which has issued by post to the person concerned.
A request for an appeal was registered by the Social Welfare Appeals Office (SWAO) on the 9 September 2024.
The claimant's DCA file has been forwarded to the Social Welfare Appeals Office (SWAO) for a decision of an Appeals Officer.
I hope this clarifies the position for the Deputy.
