Dáil Éireann Debate, Wednesday - 17 April 2024
83. Deputy Fergus O'Dowd asked the Minister for Social Protection if she will seek a review of a domiciliary care allowance case (details supplied) where the child is profoundly deaf but this is not seen as meeting the required criteria; and if she will make a statement on the matter. [16900/24]
Amharc ar fhreagraDomiciliary 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 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.
Eligibility for DCA is not based entirely on the type of disability or diagnosis but primarily on the impact of the child's disability, 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. 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.
An application for DCA in respect of the child concerned was received by my Department on 22 January 2024. A Deciding Officer disallowed the claim as per decision dated 09 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 applicant in their application. The Deciding Officer had regard to the professional opinion of a departmental Medical Assessor in making their decision and a copy of this opinion was issued to the applicant for information along with the decision notification.
The applicant requested a review of the above decision.
Following a review of their application in respect of the child concerned, including all information and evidence available at the time of the original decision and all further information and documentary evidence that was provided in support of their review request, a Deciding Officer decided not to revise the above decision as per review decision dated 08 March 2024.
The person concerned submitted further additional information/evidence for consideration.
Following a further review of their application, including the further additional information and documentary evidence that was submitted for consideration, a Deciding Officer decided not to revise the original decision, as per further review decision dated 09 April 2024.
On foot of a request for a further review of eligibility for DCA in this case, a full re-examination of this DCA claim and my Department's original decision of 09 February 2024, was undertaken by a Deciding Officer.
Following the review of their entitlement to DCA in respect of the child concerned, including all information and supporting documentary evidence that was provided by the applicant in the application process to date, a Deciding Officer decided that a revision of the original decision of 9 February 2024 was warranted. As per revised decision dated 17 April 2024, their claim has been awarded with effect from 1 December 2023. This award includes a backdate of 2 months.
The person concerned was notified of the above revised decision in writing on 17 April 2024.
I hope this clarifies the position for the Deputy.
