Dáil Éireann Debate, Wednesday - 22 November 2023
106. Deputy Thomas Pringle asked the Minister for Social Protection when a decision will be made on a domiciliary care allowance application (details supplied) which has been processing for a number of months; and if she will make a statement on the matter. [51393/23]
View answerDomiciliary Care Allowance (DCA) is payable to a parent / guardian 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 the level of that disability is such that the child is likely to require this level of care and attention for at least 12 months.
As part of the decision process, all applications for DCA are referred on receipt to a departmental Medical Assessor (MA) for their professional opinion. In cases where an applicant subsequently requests a review of a deciding officer's decision and / or appeals the decision to the independent Social Welfare Appeals Office (SWAO), and where the applicant provides further new or additional (medical) evidence that is relevant, this further evidence is also referred for a departmental MA opinion. The deciding officer has regard to the MA opinion in the decision process.
An application for DCA in respect of their child was received by my Department from the person concerned on 1 June 2023.
A deciding officer disallowed the applicant's claim as per decision dated 3 July 2023. Based on the information provided, their child was not considered to satisfy the conditions for DCA. This determination also considered the supporting documentary (medical) evidence that was provided by the person concerned in their application.
A request for a review of the decision was received on behalf of the applicant. Following a review of their application in respect of their child, including all information and evidence available at the time of the original decision and the further additional information provided in support of their review request, a Deciding Officer decided not to revise the original decision as per review decision dated 18 July 2023.
A request for a further review of entitlement to DCA in respect of the relevant child was received on behalf of the person concerned. Following a re-examination of their application, including the further new evidence that was provided in support of their review request, a deciding officer decided not to revise the original decision, as per further decision dated 26 July 2023.
The applicant subsequently requested a further review and submitted further new evidence and information for consideration. As part of the review process, the further new (medical) evidence and information provided was referred to a MA for an opinion on 17 August 2023 and a response is currently awaited.
The person concerned also appealed the Department's decision to the independent Social Welfare Appeals Office (SWAO).
On receipt of the MA opinion, a further review of their entitlement to DCA in respect of their child will be completed by a deciding officer and the person concerned will be notified of the decision in writing.
If the original decision remains unchanged following the further review, the applicant's appeal file will be submitted to the SWAO for consideration by an appeals officer.
I hope this clarifies the position for the Deputy.
