Bernard Durkan (Kildare North, Fine Gael)
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486. To ask the Minister for Employment Affairs and Social Protection the progress to date in the determination of a review of an application for a domiciliary care allowance in the case of a person (details supplied); and if she will make a statement on the matter. [29626/24]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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Domiciliary 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 over and above the level of 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 Domiciliary Care Allowance (DCA) is not based entirely on the child's disability but primarily on the impact of the disability/diagnosis, in terms of the associated care and attention required by the relevant child, compared to the age appropriate level. For the purpose of DCA, it must be established in the decision and assessment process, that the level of 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 a similar age, who does not have such a disability/diagnosis.

An application for DCA in respect of their child was received by my Department from the person concerned on 27 March 2024.

A deciding officer disallowed their application as per decision dated 2 May 2024. Based on the information provided, their child was not considered to satisfy the conditions for DCA. This determination also considered the supporting documentary 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 (MA) in making their decision and a copy of that medical opinion was issued to the applicant for information, along with the above original decision notification.

The person concerned requested a review of the above decision and provided further new information/evidence for consideration. As part of the review process, their application, including the further new (medical) evidence and information provided, was referred for the further opinion of a departmental MA. Following receipt of the MA response, a further review was completed by a deciding officer. Further to that review, following a re-examination of their application, including the further new (medical ) evidence that was provided by the applicant in support of their review request, a deciding officer decided not to revise the above original decision, as per review decision dated 1 July 2024. The person concerned was notified of that review decision in writing on 1 July 2024 and a copy of the further MA opinion (dated 17 June 2024 ), was also enclosed with the review decision notification for their information.

The person concerned appealed the Department's decision to the Social Welfare Appeals Office (SWAO) and their file was submitted to that office on 2 July 2024 for determination by an Appeals Officer. The SWAO will notify the applicant directly of the appeal outcome in due course.

I hope this clarifies the position for the Deputy.

Bernard Durkan (Kildare North, Fine Gael)
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487. To ask the Minister for Employment Affairs and Social Protection to indicate the progress to date in the determination of an appeal for a domiciliary care allowance in the case of a person (details supplied); and if she will make a statement on the matter. [29627/24]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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The Social Welfare Appeals Office is an Office of the Department of Social Protection which is responsible for determining appeals against decisions in relation to social welfare entitlements. Appeals Officers are independent in their decision making functions.

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 5 June 2024. It is a statutory requirement of the appeals process that the relevant papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought from the Department of Social Protection. These papers were received in the Social Welfare Appeals Office on 2 July 2024 and the case will be referred to an Appeals Officer who will make a summary decision on the appeal based on documentary evidence presented or, if necessary, hold an oral hearing.

I trust this clarifies the matter for the Deputy.

Robert Troy (Longford-Westmeath, Fianna Fail)
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488. To ask the Minister for Employment Affairs and Social Protection if she will expedite a disability allowance appeal on behalf of a person (details supplied). [29631/24]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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The Social Welfare Appeals Office is an Office of the Department of Social Protection which is responsible for determining appeals against decisions in relation to social welfare entitlements. Appeals Officers are independent in their decision making functions.

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 19 January 2024. It is a statutory requirement of the appeals process that the relevant papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought from the Department of Social Protection. These papers were received in the Social Welfare Appeals Office on 31 January 2024.

The case was referred to an Appeals Officer on 5 February 2024. I am advised that the Appeals Officer, having fully considered all of the available evidence, decided to disallow the appeal of the person concerned by way of a summary decision. The person concerned has been notified of the Appeals Officer’s decision.

I trust this clarifies the matter for the Deputy.