Dáil Éireann Debate, Tuesday - 27 February 2024
319. Deputy John McGuinness asked the Minister for Social Protection if the further review agreed to by her Department has been completed in relation to a domiciliary care allowance application in the name of a person (details supplied), and if so, if the application was approved. [9210/24]
Amharc ar fhreagraDomiciliary Care Allowance (DCA) is payable in respect of a child aged under 16, who has a severe disability requiring continual or continuous care and attention substantially over and above the care and attention normally required by a child of the same age and the level of that disability is such that the child is likely to require this level of care and attention for at least 12 months.
This level of additional 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, behavior, safety, sensory issues including any other additional needs. Eligibility for DCA is not based entirely on the child's disability / diagnosis but primarily on the impact of the disability, in terms of the associated level of care and attention required by the relevant child compared to a child of the same age without their disability / diagnosis.
For the purpose of DCA, it must be established in the decision and assessment process, or appeal process where applicable, that the level of additional care and attention required by the 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, without their disability and likely to be required for at least 12 consecutive months.
An application for DCA in respect of their child was received by my Department, from the person concerned, on 23 March 2022. A Deciding Officer disallowed their claim as per decision dated 1 June 2022. Based on the information provided, including the supporting (medical) evidence that was provided by the person, the child was not considered to satisfy the conditions for DCA. The Deciding Officer had regard to the professional opinion of a departmental Medical Assessor in the decision process.
The applicant requested a review of the Deciding Officer's decision and also appealed the decision to the Social Welfare Appeals Office (SWAO). The SWAO operates independently of my Department and Appeals Officers are independent in their decision-making functions.
Following a review of their application in respect of the child concerned and all information and evidence available, including the further additional information and documentary evidence provided in support of their review request and appeal, a Deciding Officer decided not to revise the original decision, as per review decision dated 19 August 2022.
Further to the applicant's appeal to the independent SWAO, an Appeals Officer decided to disallow their appeal as per appeal decision dated 10 October 2022.
An Appeals Officer's decision is normally final and conclusive. However, an Appeals Officer's decision may be subject to review by an Appeals Officer, under Section 317 of the Social Welfare Consolidation Act 2005, where new facts, information or evidence is brought to notice since the appeal decision was made.
The person concerned requested a review of the Appeals Officer's decision under Section 317 of the Social Welfare Consolidation Act and provided further new additional information in their review request for re-consideration by the Appeals Officer.
Following a re-examination of their case under Section 317 of the Social Welfare Consolidation Act, including the further additional evidence provided by the person concerned in support of their review request, the Appeals Officer decided not to revise the appeal decision on the grounds that there was no additional information presented to render the original appeal decision erroneous, as per further appeal decision dated 12 September 2023.
Further to your request for the further review of eligibility for DCA in the applicant's case, by my Department, I confirm that the review was completed by a Deciding Officer.
Following a re-examination of their application, including all information and documentary evidence that was provided, in relation to their application of 23 March 2022, a Deciding Officer decided not to revise the original decision of 1 June 2022, as per further decision dated 21 December 2023.
The person concerned was notified of that further review decision in writing on 21 December 2023. The above decision notification also advised the applicant that new information must be submitted for consideration, should the applicant require their appeal case to be further reviewed by the SWAO.
I hope this clarifies the position for the Deputy.
