Case Studies » Family » Domiciliary Care Allowance

Question at issue: Backdating of claim

Question at issue: Whether the eligibility criteria were met at an earlier date

Oral hearing Question at issue: Whether eligibility criteria continue to be met (review)

Oral hearing (Section 317) Question at issue: Whether eligibility criteria met at an earlier date

Question at issue: Whether the eligibility criteria are met

Annual Report 2013 – Case Studies

Introduction

These case studies refer to appeals made in relation to Domiciliary Care Allowance (DCA).   While they have been edited so as to anonymise personal information, the original text of the Appeals Officer’s decision is outlined.  In some cases, no decision reason is given where the appeal was allowed.  It should be noted, however, that a decision reason is now provided in all cases, following the recommendation of the DCA Review Group.

A selection of cases, across a range of ages and diagnoses is included.  The question at issue refers to the qualifying criteria outlined in social welfare legislation, as follows:

A person who has not attained the age of 16 years (in this section referred to as the ‘child’) is a qualified child for the purposes of the payment of domiciliary care allowance where—

(a) the child 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,

(b) the level of disability caused by that severe disability is such that the child is likely to require full-time care and attention for at least 12 consecutive months.

Social Welfare (Consolidation) Act, 2005, Section 186 (C) (1)

Diagnosis: Lactose Intolerance, Reflux

Diagnosis: Developmental Delay

Diagnosis: Autism Spectrum Disorder

Diagnosis: Speech and Language Delay, Developmental Delay, Hearing Impairment, Myopia, Behavioural Issues, Eczema

Diagnosis: Autism Spectrum Disorder, Pervasive Developmental Disorder

Diagnosis: Autism Spectrum Disorder, Heart Tumour, Asthma

Diagnosis: Behavioural Problems

Diagnosis: Asperger’s Syndrome

Diagnosis: Emotional and behavioural problems

Diagnosis: Developmental Delay (subsequently, Autistic Spectrum Disorder)

Diagnosis: Asperger’s Syndrome

Diagnosis: Autistic Spectrum Disorder (ASD), Developmental Co-ordination Disorder (DCD)

Diagnosis: Deafness

Diagnosis: Asperger’s Syndrome

Diagnosis: Dyspraxia, Language Disorder/Delay and Learning Difficulty

Diagnosis: Tourette’s, Asperger’s Syndrome and ADHD

Diagnosis: Autism Spectrum Disorder / Asperger’s Syndrome

Diagnosis: Asperger’s Syndrome, Dyslexia, Dyspraxia, ADD, secondary ADHD, Dyscalculia

Diagnosis: Asperger’s Syndrome, ADD

Diagnosis: ADHD, Intellectual Disability, Night Terrors, Receptive/Expressive Disorder and Hyperkinetic Disorder

Diagnosis: Nervous Debility, Learning Difficulties

Diagnosis: Developmental Co-ordination Disorder (DCD)/Dyspraxia, Epilepsy

Diagnosis: Learning Difficulty

Diagnosis: Asperger’s Syndrome, Dyspraxia