Violet-Anne Wynne
Question:403. Deputy Violet-Anne Wynne asked the Minister for Social Protection the reason a child was refused to domiciliary care allowance (details supplied); and if she will make a statement on the matter. [2859/24]
View answerTuesday, 23 January 2024
Questions (403)
Written answers
Domiciliary Care Allowance (DCA) is a monthly allowance 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 the same age and the level of the child's 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.
To qualify for DCA, it must be established in the decision and assessment process or appeal process (where applicable) that the child 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, without their disability/diagnosis.
DCA decisions and assessments are based on the information provided by the applicant in the application process, including any additional supporting documentary (medical) evidence if provided, such as medical professional report(s), diagnostic assessment report(s) or otherwise.
It is important to note that the onus is on the applicant to provide relevant documentary evidence/information if/when available, for consideration.
An application for DCA in respect of the child concerned was received by my Department on 19 April 2022. A deciding officer disallowed their claim as per decision dated 2 June 2022. Based on the information provided, the child was not considered to satisfy the conditions for DCA. This determination also considered the supporting medical evidence (GP signed details in application form) that was provided by the applicant.
The deciding officer had regard to the professional opinion of a departmental Medical Assessor in the decision process.
The person concerned requested a review of the deciding officer's decision and also appealed the decision to the Social Welfare Appeals Office (SWAO).
The SWAO functions independently of my department and appeals officers are independent in their decision making role.
Following a review of the application in respect of the child concerned, including all information and evidence available at the time of the original decision and all further information provided in support of the applicant's review request and appeal, a deciding officer decided not to revise the original decision as per further decision dated 29 July 2022.
Further to the person's appeal to the independent SWAO, an appeals officer decided to disallow their appeal, via a summary decision, as per appeal decision dated 10 January 2023, on the grounds that the applicant had not provided sufficient evidence to establish that the relevant child satisfies the conditions for DCA, as provided for in legislation.
According to my Department's records, the person concerned subsequently requested a review of the appeals officer's decision under Section 317 of the Social Welfare Consolidation Act and provided further new additional information in their review request, for re-consideration by the appeals officer.
Following a re-examination of their appeal case, via an online oral hearing requested by the person concerned, under Section 317 of the Social Welfare Consolidation Act, including the further additional information and evidence provided in support of their review request, the appeals officer decided not to revise the appeal decision on the grounds that there was no additional information / documentary evidence presented to render the original decision erroneous, as per further appeal decision dated 16 October 2023.
The appeals officer concluded that the person concerned had not provided sufficient (medical) evidence in order to establish that the child concerned has a severe disability that requires continual or continuous care and attention which is substantially in excess of the care and attention normally required by a child of the same age and that the level of that disability is such that that the child is likely to require this level of care and attention for at least 12 consecutive months, as provided for in legislation.
The appeals officer also noted in their decision, that the applicant is awaiting a formal diagnostic assessment report to date, in respect of the child concerned.
It is open to the applicant to forward any further new or additional evidence and/or relevant information directly to the SWAO, if/when available, such as a medical professional/specialist's report(s) or a diagnostic assessment report(s), for re-consideration by the appeals officer under Section 317 of the Social Welfare Act.
Alternatively, it is also open to the applicant to re-apply for DCA in respect of the child concerned and include any further new or additional (medical) evidence or relevant information that becomes available, for consideration.
I hope this clarifies the position for the Deputy.