Michael Healy-Rae
Question:371. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of an application by a person (details supplied); and if she will make a statement on the matter. [45238/23]
View answerTuesday, 17 October 2023
Questions (371)
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 in the home, 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. This level of care and attention must be required to allow the child deal with the activities of daily living.
Eligibility for DCA is not based entirely on the disability or diagnosis, but rather on the impact of the disability in terms of the level of care and attention required by the child. To qualify for DCA, it must be established that the level of care and attention required by the relevant child is substantially in excess of that normally required by children of a similar age and likely to be required for at least 12 months, as provided for in the governing legislation.
An application for DCA in respect of their child was received from the person concerned on 20 December 2021.
A deciding officer disallowed their claim, as per decision dated 25 March 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 that was provided by the person concerned.
The applicant requested a review of the above decision. Following a review of their application, including the further medical evidence that was provided in support of the review, a deciding officer decided that a revision of the original decision was not warranted as per review decision dated 31 May 2022.
A new application was received from this person in respect of the child concerned on 4 October 2022.
This application was disallowed by a deciding officer as per decision dated 7 December 2022, as it was considered that the child did not satisfy the conditions for DCA at that time, based on the information provided in their application, including the supporting medical evidence that was provided.
The person concerned subsequently provided further additional information for consideration.
Following a review of their application, including all evidence available at the time of the above decision dated 7 December 2022, including the above further additional information that was subsequently provided by the applicant, a deciding officer decided not to revise the above decision, as per review decision dated 4 January 2023.
A further new application was received from the applicant in respect of the child concerned, on 26 July 2023, including supporting documentary evidence.
This further application was disallowed as per decision dated 12 September 2023 as the information, including the supporting documentary evidence provided, did not indicate that the level of care and attention required by the child concerned is substantially in excess of that required by a child of the same age without their disability and likely to be required for at least 12 consecutive months, as provided for in the qualifying conditions for the scheme.
It should be noted that the deciding officer(s) also had regard to the professional opinion of a Departmental Medical Assessor in the decision(s) process, a copy of which was issued to the person concerned for information, along with the decision notification dated 12 September 2023.
As advised in the decision notification dated 12 September 2023, it is open to the person concerned to request a review of this decision by a deciding officer and/or appeal the decision directly to the independent Social Welfare Appeals Office.
I hope this clarifies the position for the Deputy.