Dáil Éireann Debate, Thursday - 16 May 2024
196. Deputy Richard Boyd Barrett asked the Minister for Social Protection if allowances such as domiciliary care allowance can be backdated prior to the date of application, such as in the case of a person (details supplied); and if she will make a statement on the matter. [22176/24]
View answerDomiciliary Care Allowance (DCA) is a monthly allowance payable in respect 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 the child must be likely to require this level of care for at least 12 consecutive months.
Where an application for DCA is successful, DCA is awarded with effect from the first of the calendar month, following receipt of the application.
However, provision is made in social welfare legislation to allow a backdated payment within certain limits, in specified schemes, including DCA, where good cause for the delayed or late claim is established.
DCA applications may be backdated, in cases where good cause for the delay in making a claim can be shown to the satisfaction of a deciding officer or an appeals officer. This backdating period cannot exceed 6 months, as provided for in social welfare legislation.
In relation to the good cause factor, for the purpose of backdating DCA entitlement, lack of knowledge or awareness of possible entitlement is not considered to be good cause for not making an earlier claim. My Department publishes information widely in relation to all social protection schemes and services, including DCA. Intreo Centres, Social Welfare Branch Offices and Citizens Information Offices are available nationwide, for persons to make enquiries as to their entitlements. People should apply for DCA when they consider that the relevant child may meet the qualifying criteria 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 21 September 2022.
Following a successful application, DCA was awarded with effect from 1 April 2022, as per decision dated 17 February 2023. This award included a maximum backdating of 6 months.
The Deciding Officer allowed backdating of payment ( 6 months maximum), as provided for under social welfare legislation, following consideration of the information provided by the applicant relating to the good cause for not making an earlier claim.
The person concerned requested a review in relation to further backdating on their application.
Following a review, in relation to further backdating on their application, a Deciding Officer decided not to revise the effective date of award of 1 April 2022, as per review decision dated 21 April 2023. The applicant had been awarded a backdated payment of 6 months, which is the maximum amount of backdating permitted, as provided for under social welfare legislation, as per earlier decision dated 17 February 2023.
As per Department records, the person concerned did not submit an appeal of the above decision to the Social Welfare Appeals Office.
I hope this clarifies the position for the Deputy.
