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Social Welfare Benefits

Dáil Éireann Debate, Wednesday - 28 March 2012

Wednesday, 28 March 2012

Ceisteanna (153, 154, 155, 156)

Bernard J. Durkan

Ceist:

152 Deputy Bernard J. Durkan asked the Minister for Social Protection further to Parliamentary Question No. 113 of 8 March 2012, the basis on which it is contended that a person (details supplied) in County Kildare was not habitually resident in the State, in view of the fact that they have not been out of the country for the past five years; and if she will make a statement on the matter. [17134/12]

Amharc ar fhreagra

Freagraí scríofa

The deciding officer decided that the person concerned failed to meet the condition of being habitually resident in the State on the basis of the nature and purpose of her residence in the State and that the person failed to show her main centre of interest was Ireland. The deciding officer, in making his decision, also noted that the person was absent from the State for a lengthy period of time in 2009.

Clare Daly

Ceist:

153 Deputy Clare Daly asked the Minister for Social Protection if she will provide a list of the level of attainment for young persons aged four to sixteen years, which is used in carrying out a desk assessment relating to the level of care or supervision that a child would need, linked to the domiciliary care allowance payment [17138/12]

Amharc ar fhreagra

Aengus Ó Snodaigh

Ceist:

154 Deputy Aengus Ó Snodaigh asked the Minister for Social Protection if she will confirm if normal age of attainment lists covering children between four years and 16 years exist in her Department; if she will provide guidance for the desk assessments in domiciliary care allowance claims comparable to those covering children under the age of 48 months which are on page 26 of the medical eligibility guidelines for domiciliary care allowance and if so when were they drawn up; when did they commence operation; and will she make a copy available. [17143/12]

Amharc ar fhreagra

Aengus Ó Snodaigh

Ceist:

158 Deputy Aengus Ó Snodaigh asked the Minister for Social Protection her views on whether the lists in Appendix 8 of the Medical Eligibility Guidelines for domiciliary care allowance are unfair because they create presumptions in the minds of deciding officers as to whether a child will be more or less likely to be eligible based on what the condition is whereas the additional care and attention needs to which the condition gives rise can be comparable in some children regardless of which list their condition is on; her views on whether as a result of Appendix 8 parents of a child with a severe disability caused by a condition that features on the second list have a higher barrier to jump in order to demonstrate their eligibility and will she outline any plans that she has to address same. [17242/12]

Amharc ar fhreagra

I propose to take Questions Nos. 153, 154 and 158 together.

Domiciliary care allowance is a monthly payment to the carer of a child with a disability so severe that the child requires care and attention and/or supervision substantially in excess of another child of the same age. This care and attention must be provided to allow the child to deal with the activities of daily living. The child must be likely to require this level of care and attention for at least 12 months.

Applications for domiciliary care allowance are assessed on a case by case basis by one of the Department's medical assessors all of whom are fully qualified medical practitioners who have training/experience in human disability evaluation. The medical assessor's opinion is based on the information furnished as part of the application process. This information includes personal details supplied on the application form by the child's parent/guardian; details of the additional care and attention required by the child as outlined by the parent/guardian and medical details provided by the child's GP. Any additional information the parent/guardian considers relevant to the application is also reviewed (this could include consultant's reports, reports from a community health doctor, a copy of the needs assessment carried out by the HSE, etc.).

Eligibility is determined primarily by reference to the degree of additional care and attention required by the child rather than to the type of disability involved. It is important to note that the normal ages of attainment data in the guidelines are included to assist the medical assessor in his/her assessment. It is not a scale which determines eligibility or otherwise.

Reports from child and adolescent psychiatrists, psychologists or occupational therapists, usually provide information on the child's individual developmental status on a percentile basis.

Whereas, no normal age of attainment data for children over 4 years of age or adolescents is included in the guidelines, should a medical assessor consider it helpful, there is a wealth of reference material available in the medical literature, e.g. Centres for Disease Control Development Milestones/Queensland Government Development Milestones.

Categories of conditions, which are more likely or less likely to result in a child requiring continual or continuous care and attention substantially in excess of that required by a child of the same age, were developed to assist the medical assessor in the assessment process. It is important to note that inclusion in either category does not, of itself, determine eligibility or otherwise to domiciliary care allowance.

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