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Social Welfare Payments

Dáil Éireann Debate, Tuesday - 27 February 2024

Tuesday, 27 February 2024

Questions (321)

Brendan Griffin

Question:

321. Deputy Brendan Griffin asked the Minister for Social Protection if a domiciliary care allowance award in respect of a person (details supplied) in County Kerry who was waiting for a HSE assessment will be backdated; and if she will make a statement on the matter. [9281/24]

View answer

Written answers

Where an application for Domiciliary Care Allowance (DCA) is successful, DCA is awarded with effect from the first of the month following receipt of the application.  However, DCA applications may be backdated in cases where good cause for the delay in making the claim can be shown to the satisfaction of a Deciding Officer or Appeals Officer.  This maximum permitted period is governed by legislation and cannot exceed 6 months.

The onus is on all applicants to apply for DCA when they consider that the relevant child may meet the qualifying conditions for the allowance.  It is also open to an applicant to subsequently request a review(s) of any decision and this right is not time limited.  If requesting a review(s) of a Deciding Officer's decision, an applicant may forward any further new or additional information or documentary evidence, such as a diagnostic assessment report(s), that was not previously available with the initial application, for further consideration in the decision and assessment process.

An application for DCA in respect of a child of the person concerned was received by my Department in November 2023.  Following a successful application, DCA was awarded and backdated 1 month, effective from 1 November 2023, as per decision dated 4 January 2024. 

Backdating of payment (1 month) was allowed, as provided for under social welfare legislation, following consideration of the information provided by the person concerned relating to the good cause for not making an earlier claim.  The relevant diagnostic assessment report in respect of the child concerned was completed/dated in October 2023.

The person concerned requested a review in relation to backdating on their application.

Following a review of all information provided in their application, including the additional information provided in support of their request for further backdating, a Deciding Officer decided not to revise the effective award date of 1 November 2023, as per review decision dated 8 February 2024.

On foot of your request relating to backdating of the DCA award, a review in relation to further backdating will now be undertaken by a Deciding Officer in this case, based on all available information and documentary evidence, including the additional information that has been provided for consideration.

Once a further review in relation to backdating is completed, the person concerned will be notified of the decision in writing.

I hope this clarifies the position for the Deputy.

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