Dáil Éireann Debate, Tuesday - 21 May 2024
377. Deputy Niamh Smyth asked the Minister for Social Protection the reason a person (details supplied) is waiting so long for a decision on their domiciliary care allowance application; and if she will make a statement on the matter. [22414/24]
Amharc ar fhreagraDomiciliary Care Allowance 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. Eligibility for DCA is based on the child's ongoing additional care needs.
In line with other Social Protection schemes, Domiciliary Care Allowance (DCA) is subject to review to ensure that the qualifying conditions for the scheme continue to be met.
A Deciding Officer wrote to the person concerned on 3 August 2023 advising that their continued entitlement to DCA in respect of their child was under review. This communication also advised the claimant of the right to submit any further relevant information / documentary evidence if applicable, in support of that review.
Further to the above communication, a Deciding Officer decided as per decision dated 5 December 2023, that the person concerned was no longer entitled to DCA with effect from 30 November 2023, as their child no longer satisfied the medical criteria for DCA, based on all available information, including the further medical evidence provided by the claimant as part of that review. The person concerned was notified of that review decision in writing on 5 December 2023, the reason for the decision and of the right of review and / or appeal.
The person concerned appealed the above decision to the Social Welfare Appeals Office (SWAO).
Prior to the appeal and subsequent to the receipt of further information and documentation (medical evidence) received from the person concerned on 26 March 2024, a Deciding Officer conducted a further review of the DCA claim. Following this review, a Deciding Officer decided not to revise the above decision, as per further decision dated 17 April 2024.
The file was submitted to the SWAO on 13 May 2024, for determination by an Appeals Officer. The SWAO will notify the person concerned directly of the appeal outcome in due course.
I hope this clarifies the position for the Deputy.
