Dáil Éireann Debate, Thursday - 29 February 2024
238. Deputy Bernard J. Durkan asked the Minister for Social Protection if a person (details supplied) can qualify for domiciliary care allowance in respect of their son; and if she will make a statement on the matter. [9899/24]
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 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 to 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.
While an assessment or diagnosis of a child's specific disability may assist the decision and assessment process in any individual case, eligibility for DCA is not based entirely on the type of disability or diagnosis but primarily on the impact of the disability, in terms of the associated level of care and attention required by the child compared to a child of the same age. The decision process that applies in the consideration of whether a child meets the conditions for DCA includes the examination of all relevant factors identified as impacting on the child's additional care needs.
The Deciding Officer has regard to the professional opinion of a departmental Medical Assessor in all cases.
An application for DCA in respect of their child was received by my Department from the person concerned on 10 January 2024. A Deciding Officer disallowed their claim as per decision dated 6 February 2024. Based on the information provided, the child was not considered to satisfy the conditions for DCA. This determination also considered the supporting 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 and a copy of this opinion was issued to the applicant for information, along with the decision notification.
As advised in the decision notification of 6 February 2024, it is open to the person concerned to request a review(s) of the Deciding Officer's decision and this right of review is not time limited. If requesting a review(s) of the Department's decision, the person concerned may forward any further new or additional information and/or documentary evidence if/when available for re-consideration, such as a diagnostic assessment report(s), medical professional report(s) or otherwise.
It is also open to the person concerned to appeal the decision directly to the Social Welfare Appeals Office.
I hope this clarifies the position for the Deputy.
