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Social Welfare Eligibility

Dáil Éireann Debate, Tuesday - 30 April 2024

Tuesday, 30 April 2024

Questions (444)

Michael Lowry

Question:

444. Deputy Michael Lowry asked the Minister for Social Protection to confirm the current status of the application for domiciliary care allowance in respect of an individual (details supplied) who was previously unsuccessful; to confirm if the diagnosis of 'Classic PKU - Non-Responsive to Kuvan' (Phenylketonuria) fulfils the qualifying medical criteria for payment of domiciliary care allowance, given that the child does not respond to Kuvan treatment and requires a very specific diet and continuous monitoring on a daily basis for a lifetime; the reason some parents of children diagnosed with this condition qualify for domiciliary care allowance, while others with the same diagnosis do not; to specifically clarify the reason that this applicant was unsuccessful in their application; and if she will make a statement on the matter. [18927/24]

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Written answers

Domiciliary Care Allowance (DCA) is a monthly allowance 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 where 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, in areas such as mobility, personal care, feeding/diet, communication, speech/language, sleeping, behaviour, safety, sensory issues, including any other additional needs.

Eligibility for DCA is not based entirely on the type or nature of the child's disability/diagnosis but primarily and essentially on the impact of the child's disability/diagnosis, in terms of the associated overall level of care and attention required by the child compared to a child of a similar age who does not have such a disability/diagnosis. The decision and assessment process that applies in the consideration of whether a child meets the qualifying medical criteria for DCA, includes the examination of all relevant factors identified as impacting on the child's additional care needs. It should be noted that the impact of any specified disability/diagnosis on a child's level of additional care needs may become more apparent in later childhood, in some cases.

A child who has a diagnosis of Classic PKU- Non Responsive to Kuvan (Phenylketonuria) or any other specified condition/disability may qualify for DCA depending on the extent of their additional care needs compared to a child of a similar age who does not have such a disability/diagnosis. With reference to the above PKU condition, the impact of that condition on the child's related overall care needs, compared to the age appropriate level, is the determining factor in the consideration of a child's eligibility for DCA, in such cases.

To qualify for DCA, it must be established that the level of additional care and attention required by the relevant child meets the threshold outlined in legislation for eligibility for DCA, that is continual or continuous care and attention substantially in excess of that normally required by a child of the same age, who does not have such a disability/ diagnosis/ condition.

Applications for DCA are decided on an individual case by case basis in respect of the relevant child, based on the personal details provided in the application form (Dom Care1), including the signed details from the applicant's GP/ Specialist or other medical professional in this form, along with any additional information and/or documentary evidence such as medical professional report(s) or otherwise, if provided by the applicant in the application process. The deciding officer has regard to the professional opinion of a departmental Medical Assessor in the decision process in all cases.

An application for DCA in respect of their child was received by my Department from the person concerned on 3 January 2024.

A Deciding Officer disallowed their application as per decision dated 12 February 2024. Based on the information provided, their child was not considered to satisfy the conditions for DCA. This determination also considered all supporting documentary (medical) evidence that was provided by the applicant in their application. Based on the medical evidence and information that was provided, it was not established that the level of additional care and attention required is substantially in excess of that required by a child of the same age without their condition and that the level of care is likely to be required for at least 12 consecutive months, as provided for in legislation. The Deciding Officer had regard to the professional opinion of a departmental Medical Assessor in making their decision and a copy of that opinion was issued to the applicant for information along with the decision notification.

The person concerned requested a review of the Deciding Officer's decision and also appealed the decision directly to the Social Welfare Appeals Office.

Following a review of their application, including all available information and documentary evidence, a Deciding Officer decided not to revise the above decision as per further decision dated 21 February 2024.

The person concerned sought a further review of eligibility for DCA and has requested that the review is not undertaken pending receipt of further documentary evidence (medical report) which the applicant is awaiting to date. On receipt of this further documentation from the applicant, a further review of eligibility for DCA in respect of their child, including all information and supporting documentary evidence that was provided by the applicant in the application process to date, will be undertaken and the person concerned will be notified directly of the review outcome in writing.

I hope this clarifies the position for the Deputy.

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