Michael Healy-Rae
Question:409. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of an appeal by a person (details supplied); and if she will make a statement on the matter. [52929/23]
View answerThursday, 30 November 2023
Questions (409)
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 in excess of the care and attention normally required by a child of the same 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.
However, eligibility for DCA is not based entirely on the disability/diagnosis but rather on the impact of the disability, in terms of the level of care and attention required by the child compared to a child of the same age without their disability/diagnosis.
An application for DCA in respect of their child was received by my Department from the person concerned on 9 August 2023. A deciding officer disallowed their claim as per decision dated 28 September 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. The deciding officer had regard to the professional opinion of a departmental Medical Assessor in the decision process.
The applicant was advised of the decision in writing and of their right to request a review of the decision by a deciding officer and/or appeal the decision to the independent Social Welfare Appeals Office.
The Social Welfare Appeals Office (SWAO) functions independently of my Department and is responsible for determining appeals against decisions in relation to social welfare schemes and entitlements.
The SWAO has advised that there is no record of a request for an appeal of this decision received in this case to date.
The right of appeal to the SWAO is normally subject to a 21 day time limit. However, the Chief Appeals Officer has discretion to accept a late appeal in certain limited circumstances.
As advised in the decision notification of 28 September 2023, it is also open to the person concerned to request a review(s) of the deciding officer's decision and this right is not time limited. If requesting a review of the deciding officer's decision, the applicant may forward any further new or additional information or evidence that was not previously available to the deciding officer for re-consideration. An applicant also has a further right to subsequently appeal a review decision directly to the SWAO, including in cases where the original decision remains unchanged following a review(s).
According to my Department's records, the person concerned has not provided any new or additional information or evidence for re-consideration by a deciding officer to date.
I hope this clarifies the position for the Deputy.